NASCAR insider details 'burden of proof' for RCR's final Austin Dillon penalty appeal

A NASCAR insider has shared more details about Austin Dillon getting another penalty appeal after losing the first one. On X, a fan asked Bob Pockrass of Fox Sports if the “burden of proof” is on Richard Childress Racing (RCR) to prove NASCAR was incorrect.

“Yes, the burden of proof in the final appeal is on RCR that the appeals panel erred in their decision,” Pockrass wrote. “… [For what it’s worth], the appeals panel standard of proof is ‘more likely than not’ (not beyond a reasonable doubt).”

Pockrass also mentioned that the next appeal is the final appeal, meaning that if Dillon and RCR lose the next round, they will be out of the NASCAR Cup Series playoffs. After the first appeal was denied, RCR released a statement.

“Richard Childress Racing is disappointed in the results of today’s hearing in front of the National Motorsports Appeals Panel. We respect the NASCAR appeals process, but we do not believe that today’s outcome reflects the facts presented. We plan to appeal the decision to the Final Appeal Officer,” the statement read.

Last week, NASCAR penalized Dillon for wrecking Joey Logano and Denny Hamlin to win the Cup Series race at Richmond. Dillon kept the victory, but his automatic playoff bid was revoked. Dillon and RCR quickly announced plans to appeal, and the first appeal was denied.

NASCAR says Austin Dillon ‘crossed the line’

“The No. 1 thing is that we want to make sure that we are protecting the integrity of our playoffs as well as our championship when we get to [the final race at] Phoenix,” NASCAR senior vice president of competion Elton Sawyer said, per Fox Sports.

“And we want to make sure that our competitors understand — we want them to make all the decisions, we want them to be able to race hard, that’s what our sport has been about for 75-plus years — but we also want them to understand, and I believe that each and every one of them understands, that this crossed the line.”

Dillon beleives he and RCR belong in the playoffs. “With that appeal obviously we deserve to be in the playoffs,” Dillon said this past weekend. “We want to reverse that decision that NASCAR has made to take our playoff eligibility away. We feel like we have a case to stand on and should.”