Associated Press

File May Suspender driver Jeremy Mayfield will try to qualify for next week's race at Daytona if a federal judge reinstates him.

LOUDON, N.H. -- Jeremy Mayfield's suspension for failing a drug test has drained his finances and forced him to lay off 10 employees of his NASCAR Sprint Cup team, according to court documents.

Mayfield, whose career earnings top $21 million, states in an affidavit that he and his wife have had to borrow from family members and sell personal assets to "meet our living expenses.''

Sponsors, even those that have worked with him in the past, don't want to be affiliated him since NASCAR announced last month it was suspending Mayfield indefinitely for failing a random drug test. His current sponsor also has backed away, Mayfield states in the affidavit.

Mayfield, who has filed suit against NASCAR, says that if he misses the rest of the season, "I am afraid I will have to sell my race team, and I know of no other way to make a living except as a professional race car driver.''

With all that Mayfield faces, next week's hearing in U.S. Federal Court in Charlotte could be pivotal. Mayfield and his attorneys are seeking an injunction that would allow him to compete again in the Sprint Cup series. If granted, Mayfield states that he'll attempt to qualify for the July 4 race at Daytona.

Confronting Mayfield is mounting evidence about his failed drug test and accusations that he's lying. NASCAR does not name the drug that caused Mayfield to fail the test, but Mayfield says in his affidavit that he's "never taken methamphetamines,'' the first time that drug has been mentioned in court documents.

Mayfield and his lawyers also raise questions about the drug testing procedure.

Mayfield was informed the day before the Richmond race last month to report for a random drug test. He complied. Court documents show that Mayfield's urine specimen was divided into two samples. Court documents also show that Mayfield's specimen was to have three tests -- what is called a comprehensive sports profile, a profile for anabolic steroids and a profile for beta blockers.

Mayfield was told a few days later, according to court documents, that he had tested positive for amphetamines. Mayfield claims that he was never instructed to have the untested sample tested. Instead, Mayfield's lawyers accuse Dr. Douglas Aukerman, who serves as the medical review officer for NASCAR, for ordering the second sample to be tested without Mayfield's knowledge.

"This statement is simply false,'' Aukerman says in his affidavit.

In reference to Mayfield's lawyers alleging that certain procedures did not follow the Medical Review Officer Manual for Federal Agency Work Place Drug Testing Programs, Aukerman states in his affidavit: "... this statement continues Mayfield's attempt to offer a red herring to the Court. Neither the MRO Manual, nor the Guidelines and Procedure are applicable under the NASCAR Substance Abuse Policy.''

Among documents NASCAR submitted this week was an affidavit from Steve O'Donnell, vice president of racing operations for NASCAR. He contends that issuing an injunction allowing Mayfield to race would harm the series.

"... NASCAR's reputation as a sports league will be seriously tarnished,'' he states if Mayfield is allowed to race again. "NASCAR prides itself on providing sporting events for the entire family to watch or attend in person. If drug users are permitted to race in the events, a decline in attendance and viewership is inevitable.''

NASCAR also submitted three affidavits from Jeff Gordon, Jimmie Johnson and Robby Gordon. All three were identical forms that they agreed to sign. Their affidavits state that they agree with NASCAR's Substance Abuse Policy "and depend on NASCAR to prohibit drivers who don't abide by the policy from racing.''

"It was speaking not directly about Jeremy, but in general about the safety of the sport and how I don't want anyone on track under the influence of any substance or under anything,'' Johnson said Friday at New Hampshire Motor Speedway. "Myself and a few other drivers were asked if we agreed to those kinds of statements and I do.''

As for Mayfield, toward the end of his affidavit he states: "I do no understand how or why this is happening to me and my family.''