Appeals Board Reduces Pierce Penalty for Dirt Late Model Dream Infraction following Polygraph Testing
Posted: 20 Jul 2018 07:00 AM PDT
CONCORD, NC — July 20, 2018 — The DIRTcar Appeals Board has amended a penalty served to Bobby Pierce, driver of the No 32p DIRTcar Late Model, following tire sampling at the Dirt Late Model Dream at Eldora Speedway in June.
After appealing the penalty as per Section 12 of the General Rules and Specifications, Pierce and seven members of his team underwent rigorous polygraph testing, providing the appellate board additional perspective in the issuance of the penalty.
The appellate board's decision upheld the disqualification and suspension but reduced the fine to the minimum $2,000. Pierce has already completed the four-race suspension.
The Appeals Board affirmed and accepted the technical inspection procedure at the event, the samples' chain of custody, processing of the samples, and the results of the multiple tests provided by the laboratory. Regardless of whether or not the team was aware of the infraction, the tire did not conform to the required specification and benchmarks.
After extensive consideration, the Appeals Board has the option of allowing polygraph testing to provide them with additional information in determining the appropriateness of the penalty.
As per Section 12 of the General Rules and Specifications, Pierce may file another appeal directly to the Chairman Potestas to review the Board's determination.
DIRTcar Racing Late Model Penalty:
Bobby Pierce, driver of the No. 32p DIRTcar Racing Late Model has violated Section 11.0, 11.1-X, Y; 15.11-G of the 2018 DIRTcar Racing General Rules and Specifications.
Event: Dirt Late Model Dream – Eldora Speedway, Rossburg, Ohio
Date: June 7 -8- 9 2018
The Member requested an Appeal of the Penalty as outlined in Section 12 of the General Rules and Specifications. The Member also requested a deferral of the penalty. The deferral was granted by the Appeals Board Chair, and the Appeal was heard. Polygraph testing was performed, after which the Board reduced the penalty.
Event and explanation:
Tire samples were taken June 7, June 8 and June 9, 2018 from participant finishers of the events of the Dirt Late Model Dream Weekend at Eldora Speedway, Rossburg, Ohio.
A total of 46 tires were sampled using the accepted practice of DIRTcar Racing and Eldora Speedway with team-provided grooving iron and sample cuts. Samples were logged, bagged and sealed with representing crew member signatures.
Specimen cuttings were sent to an independent laboratory for testing for chemically-altering substances in the tires in a comparative analysis.
The test revealed the tire had been altered and did not match or conform to the benchmarks provided by Hoosier Tire Company.
Violation:
11.0 Penalties, Fine Schedules and Protests
- Penalties and Fine Schedules
X.) Any member that attempts and/or is found to be using tires that are found to be illegal in any manner will be subject to disqualification and/or fine and/or suspension and/or loss of points and/or any other action deemed appropriate by DIRTcar Supervisory Officials.
- The minimum penalty for any tire that doesn't meet the benchmark will be as follows:
- Disqualification from the event
- A fine up to 1,000 championship and track points
- Return of all earned purse and/or reward money from the event
- A fine up to equal the purse money rewarded for the event with a minimum fine of $2000
- A minimum suspension of 1-month (minimum or 4 races) up to six (6) months in duration.
- Tires
G.) Chemical alterations, vulcanizing, tire softening, defacing and/or altering the face of the tire lettering and/or tire stamping will not be permitted. Chemicals or tire softening is not permitted at any time. Tires may be inspected at any time. Any violation with any tire presented for competition may result in immediate disqualification from the events and/or other penalties including but not limited to; loss of money, fine, loss of points and/or suspension.
Penalty / Fine:
- Disqualification from the event
- Fine: $2,000 plus purse money of $13,640 (returned), plus $1,690 tire analysis fees
- Total due – $3,690
- Loss of 1,000 championship and track points
- Suspension from all sanctioned DIRTcar Late Model events, including World of Outlaws Craftsman Late Models Series, for thirty (30) consecutive days (June 10 through July 10, 2018) or a total of four DIRTcar-sanctioned events where scheduled to race. (COMPLETED)
- Placed on probation until December 31, 2018
- Any subsequent violations may result in a higher fine schedule and/or additional loss of points and/or suspension (including indefinite) and/or parking of the team
The appellate board heard the appeal and were unanimous in the decision.
As a member in good standing, per Section 12 of the series rulebook, a request for review by the Chairman Potestas may be considered.
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