Former NASCAR driver Jeremy Mayfield's drug case is set to appear in Virginia appeals court after a failed random drug test several years back.

Mayfield is asking the 4th U.S. Circuit Court of Appeals to reinstate his lawsuit. A federal judge dismissed the suit, ruling that Mayfield signed documents that waived his right to sue.

NASCAR suspended Mayfield in 2009 after he failed a drug test at Richmond International Raceway. He sued NASCAR, its owner and the drug testing company for defamation, unfair and deceptive trade practices, breach of contract and negligence.

Mayfield has argued that a combination of over-the-counter allergy medication and the prescription drug Adderall led to a positive test.

In November, Mayfield was arrested in North Carolina and charged with possessing methamphetamine.

RaceNewsNetwork.com