Mayfield Goes To Court For TRO

((HT: ESPN/David Newton))

Jeremy Mayfield sought a temporary restraining order on Friday in an attempt to lift his suspension and return to his No. 41 Sprint Cup car ((pictured, thanks NASCAR Images)) until his case is settled.

Mayfield and his attorney, Bill Diehl, filed the suit in Mecklenburg County Court on Friday afternoon.

Mayfield's request for an injunction listed seven charges, from breach of character to unjustly preventing Mayfield from participating in any NASCAR function and thus earn a living. Diehl also asked that NASCAR officials stop talking publicly about Mayfield's drug test.

NASCAR's attorneys, led by Paul Hendrick, sought more time to respond to the complaint, saying there was no way for Mayfield to race this weekend.

Hendrick said Mayfield should not be allowed back on the track. "We cannot allow people to drive when we think that he has issues of drug abuse or a positive test," he said.

NASCAR president Mike Helton was in attendance with spokesman Kerry Tharp, as was Mayfield and his wife Shana, who is the owner of Mayfield's racing team while he is suspended.
Mayfield was indefinitely suspended by NASCAR as a driver and owner on May 9 for violating its substance abuse policy. He has contended from the beginning that he did not do anything wrong, that the positive test was the result of combining a prescription drug with Claritin-D, an allergy medication.

Dr. David Black, who runs NASCAR's testing program, has since ruled that out as a possibility.
NASCAR chairman Brian France said the suspension was for a "serious infraction," defining "serious" as the use of a recreational or performance-enhancing drug. Sources have said Mayfield did not test for a performance-enhancing drug.

Mayfield hired Diehl, one of North Carolina's most prominent attorneys, to challenge the findings. Diehl said it was "pretty compelling that we get" the restraining order.

"If [the judge] signs it, it'll lift the suspension," he said.

France said last weekend at Lowe's Motor Speedway that the governing body has no plans to settle the issue out of court and stands by its policy.

Meanwhile, in Dover, Del., the Sprint Cup team owned by Shana Mayfield withdrew its entry for this weekend's race. Mayfield Motorsports did not bring the No. 41 to Dover International Speedway and attempt to qualify for Sunday's race.

J.J. Yeley was originally on the entry list, but a posting on his Web site said he would not be travelling to Dover. There was no team hauler in the Cup garage Friday.