" While tobacco federal judge this week we're good German -- NASCAR suspension may feel they want to have scored brown -- The judge -- the court likelihood of a false positive in his case is quite substantial. Fund quote. Mayfield should get in the temporary injunction quote means more to me probably than any race -- verbal one NASCAR chairman Brian France sent us during a Daytona press conference our first responsibility despite. The ruling on Wednesday or any -- won't always be. That we are going to make sure every way we can bet that everyone's driving. These race cars. Are are clear mind and we remain very comfortable and very calm how -- despite the ruling. That that our policy is zero. It's accurate. And it's fair given that position what does NASCAR do now. We're reviewing. Our options. And they are many -- obviously including appeals. And then they'll leave it either way the only pursuit. Again in terms of the trial. Apparently. To clear this matter. Within the course we hope we were hoping that would not be the case but it is the case."

" Zalmay -- not -- Daytona this weekend his own team in financial trouble car -- councilman said he might work with Jeremy in the future. But don't Simone sponsor for this week did not want to associate itself of mayfield car owner Tommy Baldwin said. Whether mayfield is right wrong or different right now he's marked. And that's going to hurt him probably for the rest of his career. We invited both mayfield and NASCAR to be part of the show tonight both declined to help sort this all out. We welcome back to win total motor sports attorney and driver represented alum Miller Alan thanks for your time on this holiday weekend. Thank you did. Let us begin with just temporary injunction in layman's terms help us understand why the key to the injunction is something called the balance of harm test."

" Well Dave there's basically four tests that a federal judges are required to apply. In case like this where your seeking a temporary restraining order. -- oh what matters to me whether the party has an adequate remedy at law there's a public policy question there's a likelihood of success on the merits in the final test -- Is a question of balance of harm. And this particular George George Mullin believes that that particular part of the four prong test was the most important. Basically found that. Suitor for granted temporary restraining order could -- verbally harm Jeremy Mayfield is it was later discovered that the test was in fact. -- positive. -- somewhat to hard to restore. Driver's career after a year off driving the loss of all the sponsors the loss of this team. There's no way to basically put the game back together again -- This judge their four was influenced by the balance of harm consulted effective Jeremy more than it did the folks at NASCAR."

" He also said he thought the likelihood of vote false positive. It is quite substantial. Is that a big deal does that carry a lot of waiter kind of precedent as this case goes forward and and I'm curious how the case does go forward is they're legal mechanism by which we will find out once and for all did mayfield have methamphetamine in his system enrichment."

" Well Dave. There's your question these. The argument made by many steals attorney was basically he's threefold one that these are here to test of the specimen that an independent lab. Cast doubt on the young test as what was the levels. Of these particular -- that -- in question were -- hardy. That's a George I believe woods incredulous that anybody could drive a race car -- levels are high. There were some other things that you know looked into was well but what all happened -- this case will go to trial. Eventually -- jury will decide whether or not. Jeremy Mayfield -- was using an illegal substance. And I'm guessing based on my knowledge of the western district your original I don't practice full time there but my understanding is. He could be -- year to year and a half before this case is finally decided. By jury -- lawyer had put on your driver agent half how does this affect the advice you viewed for example Jimmy Johnson. On the subject of drug testing. Relatives existing US does Jameel suffers from allergies. Just some quite bad red round this time of year. And within the last couple weeks Jimmy has actually been in contact with -- NASCAR doctors. Recording our news the medicine's that he takes just to avoid a situation like this. As you know do you look good Jeremy Mayfield was taking out both players and deal and another one another drug called overall. -- and other could easily have contributed to a false positive but most drivers -- will report medicines are taking to the NASCAR officials. To read just exactly what happened to Jeremy."

" Which of course is what NASCAR says they should do. Finally and briefly if you can't you're not just -- not a pro football player council to a player's union original sports car champion and a driver agent you're a lot of perspective on this question is that a good thing or bad thing when the courts get involved in sports in general and racing in particular."

" Well it's it is my belief that it is a bad thing. I don't think the cards I don't think the strict application. Ballclub. Certain statutes and laws like being anti trust laws and -- a couple places up in sports in particular in racing. The demands. Placed on race car drivers in NASCAR's sanctioning body. A really good -- In the world of sports I don't mean peculiar in the sense of -- different or strange I mean peculiar to that's more. Yeah I'm not sure that courts are adapted. Or able to adapt themselves to. Rulings and asserted so my overall feeling Dave would be that is not a good thing unless it's absolutely necessary. To get courts involved and I doubt very much for example in this case we're talking about that when it's all over there will be any winners."

" In traffic -- given Alleman as always we appreciate you aren't -- UN order collapse of the -- over instances."