NASCAR Nationwide Series
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NNS: NASCAR Upholds Penalty On Team Owner Johnny Davis
Johnny Davis was assessed a $5,000 fine and probation until December 31, 2010, for an altercation on pit road...
NASCAR Communications  |  Posted September 23, 2010   Daytona Beach, FL
Kenneth Luna, a crew member in the NASCAR Nationwide Series, has been indefinitely suspended from NASCAR for violating the sanctioning body’s substance abuse policy. (Image: NASCAR)
NATIONAL STOCK CAR RACING APPEALS PANEL STATEMENT:

On September 22, 2010, the National Stock Car Racing Appeals Panel heard and considered the appeal of NASCAR Nationwide Series car owner, Johnny Davis.

The penalty concerned Section 12-1 of the NASCAR Rule Book: “Actions detrimental to stock car racing. Involved in an altercation on pit road after the completion of the race.”

This stemmed from the NASCAR Nationwide Series event at Circuit Gilles Villeneuve on August 29, 2010.

The penalty assessed was a $5,000 fine and probation until December 31, 2010.

The Appellant argued that the repeated instigator in this matter was the crew member from another team, and that the Appellant’s actions in response to that crew member’s provocations simply brought the situation under control.

Panel deliberations included varying opinions on the magnitude (or lack thereof) of the encounter, and whether both a fine and probation were appropriate under the circumstances.

The Panel considered that the Appellant’s actions well may have diffused a potentially worse situation. However, the Panel also feels that there are more appropriate ways for a car owner at the NASCAR Nationwide Series level to address misbehavior by a crew member from another team.

By a majority vote, the National Stock Car Racing Appeals Panel decided to uphold the original penalty assessed by NASCAR.

The Appellant has the right under Section 15 of the Rule Book to appeal this decision to the National Stock Car Racing Chief Appellate Officer.

Dale Pinilis
Cathy Rice
Kevin Whitaker
George Silbermann - Appellate Administrator and non-voting member

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