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The burden of proof is reportedly on NASCAR to justify the penalty imposed on Austin Dillon following the Richmond Raceway incident. His appeal is scheduled for Wednesday, August 21.
Dillon's aggressive moves on the final lap of the Cook Out 400 helped him earn a win and a playoff berth. However, his team's radio communication came under the radar of the officials, with the spotter being heard urging Dillon to "wreck him," referring to Joey Logano, who was first in contention to win the race. After eliminating Logano, Dillon went ahead and pushed Denny Hamlin out of the victory lane as well, securing his first win of the season.
Following the accusations against Dillon's spotter, Brendon Benesch, NASCAR swiftly revoked Dillon's playoff berth. Concurrently, Benesch was suspended for the next three races as a consequence of his actions.
Richard Childress Racing has filed an appeal against the decision, which is scheduled for the coming Wednesday. Veteran NASCAR reporter Bob Pockrass indicated on social media that the authorities will face the burden of proof to uphold the penalty.
"Dillon appeal set for Wednesday. Fwiw it is not a "beyond reasonable doubt" standard. Rule: 'The burden of proof for the appeals proceeding is on NASCAR to show that it is more likely than not that:
-A violation occurred.
-The penalty assessed is within the scope of the rules.'"
Austin Dillon on his NASCAR appeal: "It's going to be like a trial"
Dillon expressed caution regarding his public statements ahead of the appeal hearing. He likened the process to a courtroom trial and expressed a desire for the proceedings to be live-streamed to ensure transparency and allow for a comprehensive understanding of the situation.
"I’ve got to be careful with what I give out right now for the appeal process, because it’s going to be like a trial, it really is," Racer quoted Dillon as saying. "I wish everybody could see it, television, would be cool to be in there. Because I haven’t really given my entire story of the game yet."
The 34-year-old's 2024 season has been inconsistent, leaving him out of bounds with regard to qualification. His only real chance of qualifying was to win a race, which he did. However, his playoff berth is currently under review, with a final decision pending.
