CHARLOTTE, N.C. (AP) — Jeremy Mayfield is in court trying to get his indefinite suspension from NASCAR lifted by a federal judge.

Mayfield is the first driver suspended under NASCAR's toughened drug policy. He failed a random test taken May 1 and was suspended eight days later.

He's suing to be reinstated and hopes a judge rules Wednesday so he can make it down to Daytona International Speedway in time for this weekend's race. Mayfield is arguing that NASCAR's drug testing policy does not meet federal guidelines.

NASCAR is countersuing and wants U.S. District Court Judge Graham Mullen to uphold Mayfield's suspension.