Shane Hmiel

kat2220

kat2220

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Hmiel admits to positive tests for marijuana, cocaine

In trying to collect his salary from last season, banned driver Shane Hmiel has had to admit that he violated NASCAR's substance abuse policy with a positive test for marijuana in 2003 and a positive test for marijuana and cocaine in 2005, this week's NASCAR Scene reports.

Hmiel was suspended by NASCAR from September 2003 to January 2004 for the first failed test and then indefinitely after the second failed test in late May 2005. He was "suspended for life" after a third failed test, which was announced in February 2006.

NASCAR does not reveal the drugs that a driver tests positive for. In interviews after he returned from the first suspension, Hmiel declined to identify the drug he tested positive for.

The admissions came in a filing in Hmiel's lawsuit against Busch Series team owner Todd Braun. Hmiel wants his paycheck for the time he drove for Braun in 2005 up until the time he was suspended in June 2005.

According to the complaint, Hmiel says he is owed $135,513 for the races he drove and another $135,513 for bad faith dealings by Braun.

As part of the lawsuit process, Hmiel had to answer questions from Braun, and those answers were filed last month in North Carolina court. Braun alleges that Hmiel knowingly and fraudulently signed a contract without revealing his physical condition.
To prove that, Braun's attorneys asked for Hmiel to submit answers to pointed questions. In those answers, Hmiel admitted to using illegal drugs. He admitted that he "may have used marijuana on a regular basis" prior to September 2003, when he failed the first NASCAR test. He denied he was using drugs on a regular basis (at least once a week) in 2005.

Braun asked if Hmiel had tested positive for heroin at any time from 2003-2005, and Hmiel denied that he had.

In the filing, Hmiel attests that he was not under the influence of any drug at any time while he was racing, although admits the drugs were in his system.

A message left Aug. 13 on Hmiel's cell phone was not returned.

Hmiel, the son of Dale Earnhardt Inc. technical director Steve Hmiel, won one Craftsman Truck Series race in his career. He had 29 truck starts, 89 Busch Series starts and seven Nextel Cup starts.
 
i hope he has gotten the help he needed and for his sake is finally off of the drugs.

just like anyone else who punches a time clock, Hmiel deserves the money that he worked for.
 
He has been thru Rehab at least twice, and I wouldn't be at all surprised if he is still using. HE IS AN ADDICT, plain and simple and IMO has forfited ALL rights to any $$ he is claiming as a result of his LEGAL VIOLATIONS!
 
I agree with bud, He did what he had to do to get paid, and he dersivers that money. Sure he did something stupid, but he still eared the money from when he singed the contract to when they baned him.
 
Yes he should get exactly what he deserves, and stand accountable for how his stupid BS costs those around him, that put faith and confidence into him millions of dollars.

Please explain how Braun screwed over him to begin with, you say again?
As far as I know Braun took him at his word that he cleaned himself up from FU #1, got him a good sponser, gave him cars that were capable of winning most of the time when he didn't over drive the tires and wrecked them.

Shanes Stupidity cost the team the sponsor. And what did he do for the sponser? A NEW company that was just starting out selling vitimins for athletes. Get it? Vitimins/ Pills - failed drug tests for illegal substance = peoples perception of pills.
Have you heard from Winfuel since?
Braun's had to merge his team with Akins to try and keep it going.

So please explain how these companies that lost millions because of this jerk owes him anything?
IMO they should be sueing him, his father & DEI (because they vouched for him) for the breach of contract and the resulting loses.

The only thing this jerk deserves is a job cleaning port-a-poti's.

He had landed a ride in USAC, but lost that by failing another drug test. :mad:
 
Yes, he seems to have killed his sponsor, "Win-Fuel" too.
Money????????? For what????? I totally agree with Eagle on this one!!!!!!
 
It's simple, when you fail to hold up your end of a contract, the contract is breeched and therefore null and void.
No money for the bonehead.
He's lucky they don't countersue for sponsorship money.
I hope this fool is not even allowed in the garage at the local short track.
 
contract null and void? hell yea i can agree with that.....once he stopped driving that race car you can stop paying him...but you still have to pay him while he was "on the clock".

thats a lawsuit that Shane will win.....wheter you like it or not...thats a workers rights issue...not a race car driver issue.

lets say you bet busted for killing someone...well your most likely going to get fired from your job...but the company you worked for has a legal obligation to pay you for the amount of hours that you worked for the company.
 
This Buds For Me said:
contract null and void? hell yea i can agree with that.....once he stopped driving that race car you can stop paying him...but you still have to pay him while he was "on the clock".

thats a lawsuit that Shane will win.....wheter you like it or not...thats a workers rights issue...not a race car driver issue.

lets say you bet busted for killing someone...well your most likely going to get fired from your job...but the company you worked for has a legal obligation to pay you for the amount of hours that you worked for the company.
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So in your opinion, Shane should not be held accountable for the millions of dollars of losses incured because HE breached his contract?
 
thats not my opinion.....at all.

i never said that...what iam saying is...an employee must pay their current or past employees for hours that they worked....its a law and if taken to court, then the employee will most likely win that case......i do not agree that Shane deserves any money after he was kicked out of the sport....but up until that point, he is owend money for services rendered.

wheter he's a race car driver or a plumber...he still has to be paid for his time by his current..or in this case...former employer.

I'm not just talking out of my ass here....i do have a Business Management Degree and that is something that an employer will have to pay.
 
This Buds For Me said:
thats not my opinion.....at all.

i never said that...what iam saying is...an employee must pay their current or past employees for hours that they worked....its a law and if taken to court, then the employee will most likely win that case......i do not agree that Shane deserves any money after he was kicked out of the sport....but up until that point, he is owend money for services rendered.

wheter he's a race car driver or a plumber...he still has to be paid for his time by his current..or in this case...former employer.

I'm not just talking out of my ass here....i do have a Business Management Degree and that is something that an employer will have to pay.
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Except where damages are involved. If you've got a $1500 paycheque coming to you, and you get made at your boss and throw his laptop on the ground, you're not getting a paycheque as it will go to cover the damages. What damages do you think are involved here?
 
im not sure they can legally charge them for that laptop...i think they would have to pay the employee...and if they wanted to get the money for the laptop the employer may have to send a bill to the employee or take him to court.

paychecks and hours worked are pretty tricky simply because the govt is involved....they want their chunk of change for the hours worked by the employee as well.

The car owner is probably going to have to pay Shane for his duties...and if he wants to sue him for breach of contract then he can do that.
 
Agree with Bobby and Eagle on this one. Going back to his contract, I would suspect there is language included that precludes the team from having to compensate the driver (or any employee) for use of illegal drugs. If it's proven he was using during that period, he would likely forfeit his money. Not to mention the loss of revenue (current and future) from sponsors the team had an agreement with. Just my .02 cents.
 
This Buds For Me said:
im not sure they can legally charge them for that laptop...i think they would have to pay the employee...and if they wanted to get the money for the laptop the employer may have to send a bill to the employee or take him to court.

paychecks and hours worked are pretty tricky simply because the govt is involved....they want their chunk of change for the hours worked by the employee as well.

The car owner is probably going to have to pay Shane for his duties...and if he wants to sue him for breach of contract then he can do that.
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Well as a former business owner and have had many employees over the years in different forms of employyment, Hourly, salary, sub-contractor etc.
What you are saying and keep referencing is an hourly employee, and yes you would be correct about the paycheck.
BUT........Shane was NOT an hourly employee, he was in fact a sub-contractor and the rules and laws ARE totally different. As an example I had a business that did installations on new construction, my employee drilled a hole in the wall and pushed through a copper water pipe. As an employee I had to pay him regardless of the damage he caused, BUT..... as a sub- contractor "I" am responsible for the damages incurred and not only will NOT get paid for the work done, but will have to pay for ALL the damages. As a relativly intelligent business man I was bonded and insured so my insurance company actually paid for all the damages, but without the insurance I ultimatly am responsible, Just as I believe a court of law will find Shane responsible for all the damages incurred because HE and only HE had control over his actions.
 
Agree 100% Eagle, AND the "Right To Work" laws do not apply in ALL STATES.
I'd like to be in Court to see how this plays out. Judge Joe Brown would BURN his butt!
 
kat2220 said:
Agree 100% Eagle, AND the "Right To Work" laws do not apply in ALL STATES.
I'd like to be in Court to see how this plays out. Judge Joe Brown would BURN his butt!
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and Judy would have the leather whip out and ready...
 
Ah hell I'd rather go in front of that Hot Cuban Judge!
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Jeez, you guys really stomp on a guy when he's down. Shane is out and that's all there is to it. If you want to make him destitute, just remember, you can't get blood out of a turnip.

Now I know this isn't the place to say this, but...you guys sound like those who were so pissed when Ken Lay died that you wanted to slash up his body and burn it because he didn't live long enough to satisfy your revenge factor. Shane is quitly of many things and quite possibly quilty of causing his car owner to lose a sponsor, but if that is indeed the case, some of that blame has to be put on the owner for taking the chance with him. And I'd say that if you think that he should be responsible for all that money lost, you would then probably have to agree on him becoming a pusher to be able to make the kind of money you're talking about. But lo...are you now going to say that his father should be included in this? I'm sure you would love to include Mrs. Ken Lay as well.

Vengence, where does it stop?
 
This Buds For Me said:
I'm not just talking out of my ass here....i do have a Business Management Degree and that is something that an employer will have to pay.
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I agree with the scenario and full explanation offered by This Buds For Me.

However, I also agree with Eagle1.

The subject matter under discussion has two entirely different scenarios, one dealing with an hourly wage and the other a "sub-contractor".

A business management degree and one dollar will buy a cuppa coffee in almost any diner in the country.
 
I agree with buck, the owner knew he had this problem, and took a chance. The owner sould of done drug test on his own, on a x basics, but then i think that goes agents Shanes right.

I am an Business Magment Student.
 
"Shane is quitly of many things and quite possibly quilty of causing his car owner to lose a sponsor, but if that is indeed the case, some of that blame has to be put on the owner for taking the chance with him. And I'd say that if you think that he should be responsible for all that money lost, you would then probably have to agree on him becoming a pusher to be able to make the kind of money you're talking about. "

Buckaroo...I don't think anyone is looking for vengeance...more like accountability. I think most would agree that us "normal fans" want to see anyone succeed that makes it to the top level. When someone breaks the law or possibly in this case, doesn't fulfill the obligations of a contract, there are consequences. I live in the Dallas area and I'll be one of the first to say that although I dreaded it when the Cowboys got some of their dirty laundry exposed over drugs etc, each and everyone responsible had to be accountable, although I don't think the punishment went far enough in some cases. However a couple of years later, QB Quincy Carter paid the price and was released. O.K., there's another .02 cents for a total of .04 cents! :)
 
Lap3Forever said:
I agree with buck, the owner knew he had this problem, and took a chance. The owner sould of done drug test on his own, on a x basics, but then i think that goes agents Shanes right.

I am an Business Magment Student.
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Dumb-ass does drugs, dumb-ass pays the price.
 
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