NASCAR insider breaks down timeline, 'burden of proof' rule for Austin Dillon penalty appeal

Austin Dillon and Richard Childress Racing’s appeal of penalties handed down after last Sunday’s race at Richmond will be heard this Wednesday.

Bob Pockrass of FOX Sports shed some light on the appeal process Sunday, saying that a “beyond reasonable doubt” standard doesn’t exist. Instead, a burden of proof is in place for NASCAR to show that it is more likely than not that a violation occurred, and the penalty assessed was within the scope of the rules.

In this case, NASCAR revoked Dillon’s playoff eligibility and docked him 25 points following his win at Richmond, in which he intentionally wrecked Joey Logano and Denny Hamlin on the final lap. Dillon and his team are optimistic about their appeal chances.

“Truthfully I think the best thing I can say right now is we’ve got an appeal process,” Dillon said Saturday. “I think this entire sport — 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. 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.

“I feel like Denny did a really good job on his podcast giving his side of the story adamantly this week, a couple extra podcasts than he normally does. For us, I also listened to his podcast when he talked about the appeal process and how tough it is. So, I’m going to do my best to get RCR in the playoffs where they need to be, where they deserve to be currently.”

Denny Hamlin chimes in on Austin Dillon penalty

It comes as no surprise that Dillon is appealing, as he sits 31st in the points standings with virtually no shot at making the playoffs. Based on the reaction in the garage, Dillon may very well be on an island.

Hamlin in particular, sounded off on NASCAR’s ruling, emphasizing he feels Dillon tried to initiate contact.

“I think he’s just trying to make contact,” Hamlin said. “Again, I can’t see him, because I have a big, right-side headrest. But I know he’s kind of coming down. But he’s able to see me because of the visibility. You know, the window net there, so he’s able to see me passing him. And I think more than likely, when he’s getting told to come down, he’s doing what he’s told. And then when he sees me, he’s trying to make contact, but at that point, I nearly had him cleared.

“So, yeah, it’s just, the right rear is just the vulnerable spot that puts you in a bad wreck situation.”