CONCORD, N.C. (AP) – Jeremy Mayfield insisted Saturday his positive test didn’t result from using an illegal drug and will consider legal action to rescind his indefinite suspension.

In an interview from the infield of Lowe’s Motor Speedway – where NASCAR later said he shouldn’t have been under the terms of his suspension – the Sprint Cup driver said he used a legal prescription drug, which he would not identify, and took Claritin-D to treat allergies.

He indicated he hasn’t been told what showed up in his positive test, which led to his suspension a week ago.

“A legal prescription drug, that’s what I take,” Mayfield said. “And I had allergies at Richmond that were really, really bad. On (May 7) I got a call and said you’ve tested positive for whatever they called it.

“I said, ‘OK, no problem. I’ve got all my paperwork ready.’ He said ‘You’ll fax that to us; it’ll cancel out your test.”‘

But Mayfield said he didn’t hear anything again until he was suspended indefinitely two days later.

That contradicts NASCAR’s account of events. Series officials have said Mayfield was told on May 8 that his explanation for the positive test – the combination of an over-the counter medication and a prescription drug – had been rejected. NASCAR said the driver asked for his backup “B” sample to be tested at 3:30 p.m. May 8. It also came back positive, prompting the suspension.

“They didn’t say what I took. They don’t know what I took,” Mayfield said.

Although NASCAR has refused to reveal the banned drug publicly, it released a statement Saturday night saying Mayfield was informed.

“All NASCAR members who violate the policy, including Jeremy, are notified of the substance that caused the failure,” the statement said. “Jeremy was verbally informed of the substance on three occasions last week by NASCAR’s Medical Review Officer.”

NASCAR chairman Brian France has called it “a serious violation,” categorizing that as use of a performance-enhancing or recreational drug. A person familiar with the test results has told The Associated Press the positive result was not for a performance-enhancer, leaving a narcotic or controlled substance as the cause of the positive test

Mayfield, also the owner of his team, was watching J.J. Yeley drive the No. 41 car to a 22nd-place finish at the preliminary event before the All-Star race.

Mayfield stayed away from the pits and garage area, watching instead from the top of a hospitality complex in the infield. NASCAR later said that violated the terms of his suspension, and he was asked to leave as the All-Star race began.

“No suspended driver or crew member is permitted in any area of the track where NASCAR business or responsibilities are conducted. This includes, but not limited to the garage, spotters stand, pit road, driver-owner lot and hospitality areas,” NASCAR said in a statement.

“There seems to have been a misunderstanding on Jeremy’s part. NASCAR officials spoke with him, and he understands the rules of suspension and agreed to comply.”

Before leaving the property, Mayfield waved to reporters and came down the steps to speak. Wearing a black shirt and jeans, Mayfield was eager to talk, at one point telling his wife, Shana, that he would join her when he was finished. He was accompanied by a camera crew, which he said had been previously scheduled to follow him this weekend.

He said he’s received his reinstatement papers but insisted he won’t go through a rehabilitation program before being allowed back on the track.

“I’m not going to rehabilitation,” Mayfield said. “Why would I?”

Dr. David Black, CEO of Aegis Sciences Corp. in Nashville, Tenn., which runs the testing program, did not immediately return a call Saturday night for comment.

Black has said he rejected Mayfield’s explanation for the positive test.

“A combination of an over-the-counter and a prescription drug does not somehow create a prohibited drug that magically appears in the body,” he said Friday.

Mayfield said he has hired legal representation and has undergone drug tests since his suspension. He declined to reveal those results.

“It’s so frustrating because I’m labeled now,” Mayfield said. “The damage is done.”

Before the race a plane pulling a “Free Jeremy” banner circled the track in an apparent nod of support to the first driver suspended under NASCAR’s toughened drug policy.

Mayfield said he had heard about the sign but hadn’t seen it.

“All I want to do is race,” Mayfield said, “and be treated fairly.”

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