Just when you thought the NASCAR vs. Jeremy Mayfield saga could not get any worse, NASCAR has claimed in a U.S. District Court filing on Wednesday that the suspended owner/driver has once again failed an Aegis Sciences Corp. issued drug test for methamphetamines and has included an affidavit by Mayfield’s stepmother.

When Judge Graham Mullen granted an injunction on July 1, Mayfield was allowed to return to the sport under the condition that NASCAR had right to drug test him any time they wish. The sanctioning body took Mayfield up on that offer on July 6 and now NASCAR is claiming the test came back positive for levels methamphetamines consistent with that of habitual users who, “develop a tolerance, consume high doses of methamphetamine, and are subsequently detected through random testing without displaying obvious signs of their drug use.”

Taking advantage of the opportunity to test Mayfield before, during or after any race, an Aegis representative contacted Mayfield on July 6 at 1:00 p.m. asking him to report to a testing facility within two hours. Mayfield failed to show up at the facility, claiming he got lost. According to the filing, the facility was within a five mile radius of Mayfield’s home, and when he failed to show NASCAR sent an Aegis representative to his home to collect the sample. The observed sample was taken at his home at 8:15 p.m. that evening.

The test was split into two samples and then sent to the Aegis testing facility to undergo tests according to NASCAR’s Substance Abuse Policy. While there are two sealed samples (A and B), Aegis only tested Sample A in order to “avoid any potential grounds for dispute.”

The filing reads: “These tests confirm that there was, and is no confusion: Jeremy Mayfield used methamphetamine.”

As far as the seven hour span of time between when Mayfield was notified of the test and when the test was actually conducted, NASCAR and their lawyers claim the suspended owner/driver was attempting to rid his system of any drugs. The filing goes on: “Mr. Mayfield’s urine sample provided on July 6, 2009 was ‘very dilute,’ which likely indicates an excessive consumption of water ‘in an effort to defeat a drug test.’”

Mayfield and his attorneys have been given the opportunity to have Sample B tested at a facility other than Aegis, but according to the filing they have yet to select a facility. NASCAR and their attorneys are asking the court to either issue a list of laboratories that test for methamphetamine, amphetamine (Adderall), and pseudoephedrine (Claritin D) or select a facility for the test to be conducted.

In order to further argue their case against Mayfield, NASCAR also submitted an affidavit from Lisa Mayfield, Jeremy’s stepmother. Ms. Mayfield married Jeremy’s father Terry in 2003 on the same day by the same preacher and at the same church as Jeremy and his wife Shana. In the affidavit, she claims to have personally seen Mayfield using and producing methamphetamines.

“I first saw Jeremy using methamphetamine in 1998 at Jeremy’s shop on Jackson Road in Mooresville, North Carolina,” the affidavit read. “Jeremy cooked some of his own methamphetamine in his shop by the house until the stores took pseudoephedrine off the shelves. In addition to making methamphetamine for his own use, I am aware that Jeremy has bought methamphetamine from others.”

The affidavit submitted to the U.S. Federal District Court in Charlotte, N.C. went on to say:

“Between 1998 and 2005, I am personally aware that Jeremy used methamphetamine often. I was concerned about his heavy use and talked to his father about it. I saw Jeremy use methamphetamine by snorting it up his nose at least thirty (30) times during the seven (7) years I was around him. Jeremy used methamphetamine not only in my presence, but also when we were both in the presence of others.

“Jeremy told me that he did methamphetamine before the awards ceremony when he drove for Ray Evernham.

“In 1999, Terry, Jeremy, Shana and myself took a trip together to Myrtle Beach the week before the Darlington race. I saw Jeremy using methamphetamine in Myrtle Beach. We left Myrtle Beach and travelled to Darlington for the race. I saw Jeremy using methamphetamine again when we reached Darlington.”

Mayfield and his lawyers are continuing to play defense, claiming he never used methamphetamines. Speaking with The Associated Press, Mayfield explained, “I don’t trust anything NASCAR does, anything Dr. David Black (President and CEO of Aegis) does, never have, never will.”

Addressing his stepmother’s claims, Mayfield went on to tell the AP, “Now they got this lying (expletive) to tell lies about me, someone I am embarrassed even uses the Mayfield name. She’s tried everything she can do to get money out of me, I won’t help her, so I guess she found a way to get money from NASCAR by giving them an affidavit full of lies.”

Since being indefinitely suspended from the sport on May 9, 2009, Mayfield and NASCAR have had a very public battle to determine who is telling the truth. Mayfield sued NASCAR claiming their testing policy was flawed and then NASCAR provided affidavits discrediting Mayfield’s expert witness. The judge granted Mayfield an injunction on July 1 that allowed him to temporarily return to the sport, and now this development has opened up another can of worms.

This newest development may be a crushing blow to Mayfield and his team of lawyers behind him. Failing to show up for a drug test, having a diluted sample, testing positive for methamphetamines and the sworn affidavit by his stepmother seems to be a lot to dispute. While there are always two sides to a story, someone in this story is not telling the truth. That final decision will not be made by NASCAR, Mayfield, the media or fans, but instead the law of the United States of America. The judicial system will do its job and in the end one party will emerge, however no one will truly win.

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