CHARLOTTE, N.C. — NASCAR on Wednesday asked an appeals court to ban Jeremy Mayfield from racing, alleging the participation of "a proven methamphetamine user" could lead to fatal consequences for other competitors and fans.

NASCAR wants the 4th U.S. Circuit Court of Appeals to overturn U.S. District Court Judge Graham Mullen's decision last week to lift Mayfield's indefinite suspension following a positive drug test.

Mayfield attorney John Buric scoffed at the idea Mayfield is a potential danger and revealed the driver was tested twice Monday — once at an independent laboratory and once at his home by NASCAR.

"He's not a danger, and they have the right to test him anytime to find that out," Buric said. "In fact, they did test him on Monday night at his home. A group of people went to his home and watched him pee in a cup. It was humiliating."

Mayfield was suspended May 9 for failing a random drug test eight days earlier. NASCAR has said he tested positive for methamphetamine, but Mayfield has denied using the illegal drug.

Even though Mayfield has been cleared to race, Buric said he doubted the driver will be in Chicago for this weekend's event. Mayfield had until this afternoon to enter his Mayfield Motorsports car or find another team owner willing to hire him for the event.

NASCAR wants the injunction lifted, arguing Wednesday to the appeals court that Mullen relied on incorrect information when he lifted the drug suspension. If allowed on the track, NASCAR believes Mayfield poses a dangerous threat.

"The District Court failed to give proper weight to the safety interests of the NASCAR drivers, teams, and fans who will be subject to increased risk of injuries or fatalities if NASCAR is forced to allow a drug-impaired driver to participate in NASCAR events," NASCAR wrote.

NASCAR also argued Mullen was incorrect in ruling that the harm to Mayfield outweighed the harm to NASCAR if he were not allowed to race.

"(The court) must focus on the substantial injury the injunction will cause the drivers who risk serious injury or death by racing next to Mayfield at speeds of more than 180 mph, and the potential injury to teams and fans located just a few feet away from the track," NASCAR argued in the motion.

"A stay will not "substantially injure" the interested parties — rather a stay will prevent substantial injury or even death to other drivers, teams, and any one of the millions of fans who attend NASCAR events each year."