The independent appeals panel has made its decision regarding the penalties issued to Austin Dillon, spotter Brandon Benesch, and the No. 3 team of Richard Childress Racing.
According to an update sent on Wednesday afternoon, the appeals panel has upheld the penalties issued by NASCAR. Dillon remains ineligible for the playoffs despite winning at Richmond Raceway, and he will not get back the 25 driver points. Similarly, the No. 3 team will not get back the 25 owner points.
The penalties stemmed from the final lap at the Virginia short track. Dillon spun Joey Logano and then he turned into Denny Hamlin, hooking the No. 11 into the wall. He won the race while the other two drivers crashed.
The only change made by the appeals panel focused on spotter Brandon Benesch. NASCAR originally suspended him for three races as a consequence of his comments over the radio in the closing laps at Richmond.
The appeals panel reduced the suspension to only one race, meaning that Benesch will be eligible to return this weekend at Daytona.
"NASCAR represents elite motorsports and, as such, its drivers are expected to demonstrate exemplary conduct if its series' championships are to be validated," the appeals panel said in a statement. "In this case, the 'line' was crossed."
The members who made this decision were Mr. Tom DeLoach, Mr. Kelly Housby, and Mr. Tommy Wheeler.
While Dillon will move forward to Daytona in a must-win situation, this issue remains unresolved according to a statement from Richard Childress Racing.
"Richard Childress Racing is disappointed in the results of today's hearing in front of the National Motorsports Appeals Panel," the team said on Wednesday afternoon.
"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 Final Appeal Officer in this instance is Bill Mullis, owner of Langley Speedway.
The appeals process changes when it goes to the Final Appeal Officer. The initial appeal before the panel requires NASCAR to provide enough evidence to justify the penalty issued.
When a team or driver takes the appeal to the Final Appeal Officer, the burden of proof shifts. In this instance, Richard Childress Racing will have to prove that the panel erred in its decision to uphold the penalties.