Probation plus speeding ticket should sideline Kyle Busch

May 26, 2011 26 Comments »

When Kyle Busch goes this fast on the street — after being on probation, no less — how can NASCAR not step in? Photo by Getty Images for NASCAR

OK, let’s say you’re a police officer, and your pistol goes off in the precinct because you failed to put the gun on safety. Nobody got hurt, but your actions showed gross neglect for those around you.

Your boss gives you the benefit of the doubt and tells you to go on vacation to clear your head. You go deer hunting with your friends, and while out in the woods the same thing happens, nearly sending a friend to the morgue.

Should the brass just ignore repeated moments of irresponsibility because you weren’t at work at the time?

No. And neither should NASCAR when it comes to Kyle Busch, who got caught going 128 MPH on a 45 MPH speed limit road Tuesday, an action even more potentially lethal than sending Kevin Harvick’s Chevy who knows where at Darlington.

At times like this I really blame Jeremy Mayfield, believe it or not. This is one of those moments where NASCAR might lay the hammer down on Busch. But because his probation following Darlington didn’t specifically mention off-track shenanigans in a car and Mayfield landed a couple of punches against NASCAR in court, the governing body might not be quite as comfortable taking a stand — even though its actions detrimental to NASCAR notation in the rulebook gives it a lot of latitude.

The truth is that Busch has shown so much disregard for human life in the last month that he should almost be welcoming a suspension right now, knowing how much worse his boneheaded behavior could have ended up.

As much as devout car owner Joe Gibbs preaches the virtuous way, he continues to employ and not discipline NASCAR’s least-disciplined drivers. I’ll go as far as to give him the benefit of the doubt and say that in today’s tenuous sponsorship market, it’s pretty difficult to put a driver on the sidelines if you’re not forced to.

That leaves NASCAR to play the heavy, and many say it’s not their role because the drivers are independent contractors, not employees.

That argument might win a judgment in court, but it won’t bring back Jon and James Herbert. The sons of Top Fuel drag racer Doug Herbert were killed in 2008 after Jon, 17, made an ill-advised driving decision on Lake Norman in North Carolina.

Jon Herbert and Kyle Busch made very similar decisions. Only difference is, Jon was a teenager and Busch is supposed to be an adult.

It’s really not a question at this point if Busch’s immaturity will kill someone. It’s when. If NASCAR doesn’t feel a moral obligation to do something about this, it should at least protect its own interest.

NASCAR hasn’t been on the brink of disaster to this degree since Bobby Allison’s car almost went into the grandstand at Talladega in 1987. Had the circumstances not changed (restrictor plates), at some point dozens of fans would’ve been killed and NASCAR would have gone from emerging mainstream sport to outcast. 

For both moral and business reasons Busch should’ve been suspended, but the fact that he was qualifying Thursday night confirmed NASCAR’s stance of personal responsibility away from the track.

And for NASCAR that’s much more of a gamble than Busch going 128.

  • Carl Lawson

    Not sure about the editing but the thinking and the sentiment are absolutely spot on. Whether he likes it or not, wants it or not, Busch is a role-model to young fans growing up. Flawed genius or suspect personality are no excuses. Almost 3 times the speed limit is reprehensible and displays irresponsibility beyond compare. If NASCAR have any spine they would use this as a catalyst to ensure they have the small print in place for such off-track incidents with which to protect their brand and the vulnerable fans. Knowing he would forfeit a season segment of starts if caught breaking the law in such flagrant a manner would have meant this would probably never have happened. Probably. Any other driver, definitely.

    • admin

      A few long sentences, but the blog’s pretty clean. That said, I appreciate your thoughts.

  • Larry

    I’m enjoying reading all the whiner’s comments. Really, if it would have been just fine if were Your Beloved Jr. Would have been the cops fault then, I’m sure.

  • Disgruntled

    Don’t forget that Shrub’s main sponsor is M&M Mars. Ithought the Mars family and company was also deeply religious and concerned about kids and family. If Coach
    “Joe” (obviously he’s now Grandpa Joe) doesn’t have bawlz enough to suspend his own driver, this family focused sponsor should step up to the plate and make the clear statement that doing what’s right is more important than making money.

  • http://suerarick.us Sue Rarick

    The press today reminds me of the crowd that used to surround a playground fight. They start shouting fight-fight-fight till the people in the middle of the circle are all but forced to fight. But the crowd themselves are made up of people afraid to fight themselves.
    The press will not be happy till NASCAR does something to Kyle, this week. Next week you will be on another quest to create havoc on someone else. All done so you have a ‘good story’ to hustle. And hopefully increase your readership. Which in fact is your only real concern.

  • Tammy

    Some people just don’t get it. Kyle Busch should get some kind of punishment, be it from Sponsors or JGR. This unacceptable behavior. I lost a Son in car accident where speed was a factor. This should not be swept under the rug. It irritates me that he gets zilch, nada, nothing. And to to it off Samantha is no better. I would have been screaming to slow the hell down!! Money Talks.

  • Tammy

    Never mind the person who pulled over on Perth Rd for Kyle to continue his 128 MPH adventure.

  • Al

    Why anyone would think that NASCAR should take action on this is beyond me. They didn’t take any action on Tony Stewart when he got caught doing 80 mph on Atlantiic Blvd in Daytona Beach in a Ferrari during Speedweek when he first started in NASCAR. They didn’t do anything to King Richard when he was had a little road rage a few years back. Would your employer do anything to you if you got a traffic violation? Kyle was driving a car that was made to go fast, he is a very capable driver and he was on a secluded road. As a matter of fact he wasn’t really near the speed the car was capable of.

    We’ll just add you to the list of people who are hellbent on getting Kyle slowed down as he attacks the NASCAR record book. The guy is arguably the best and most exciting driver in NASCAR and some just can’t handle it so they look for some reason to get him out. If Gibbs fired him, how long to you think it would take Kyle to land another ride, a minute ot two.

    Had Kyle been carrying a load of “shine” be would be a hero.

  • Joe

    NC law was broken, and the process of assessing and applying the proscribed penalties was instituted. If you don’t agree with that, get yourself elected to the appropriate legislative/judicial office from which you can (try to) change the process/penalties to your liking.

    NASCAR certainly could assess a penalty for “actions detrimental to NASCAR”, although any fledgling lawyer would win the argument that the media exposure the incident has garnered is anything but “detrimental”. If you don’t agree with whatever action, or lack thereof, NASCAR takes, purchase NASCAR from the France family and impose your will on any/all drivers.

    Same argument for JGR and the sponsors.

    As to your opening analogy, you pointed out, yourself, why it is totally inapplicable — employee vs. contractor — but it also misses the point in that your example is of repeating a single behavior, while the situation to which you apply it is one where two entirely different behaviors have occurred. How do you suppose a harsher penalty for action “A” would deter one from taking action “B”? You then attempt to play upon the heartstrings of your readers by associating the blame for a totally unrelated fatal incident to the inaction of a sanctioning body (NASCAR) with no jurisdiction over the children of a contractor to another sanctioning body (NHRA). Your Journalism 101 professor must be cringing. Exactly how would a history of severe penalties to contract drivers have changed the behavior of the Herbert children? It couldn’t have. Therefore your use of this example is disrespectful and disgraceful. Shame on you!

    And by what method did you determine that Mr. Busch’s actions will eventually kill someone? Statistical analysis? Historical data extrapolation? Ouija board? Or was this simply an unsupported allegation designed to arouse the ire of your readership?

    Looks to me like Sue has your number — spot-on comments!

    I wonder what your next journalistic jem will entail — promoting a 5-race suspension for J. Gordon for taking his daughter to a birthday party after Labor Day wearing white?

    • admin

      Spoken like a true defense attorney. A lot of criminals on the street because of folks like you.

  • charles

    compare this speeding ticket to the drunk michael waldrip flipping the truck and going home

  • Brad Lewi

    Let it go dude. He was speeding, he will be dealt with by the law as it should be. He didn’t commit a driving error near a bad a some other drivers from NASCAR, he wasn’t drinking and driving. He is a race car driver and I have every faith he was in control. He also isn’t the only driver who speeds or did reckless things on the road, if this was Jeff, Jeff, Carl, etc we wouldn’t hear more than a blurb about it.

  • Jill

    Yes, Kyle made a mistake…a big mistake. However this is not Nascar related and is none of anyone’s business, but Kyle’s. Yes, Joe Gibbs should be a mentor for Kyle and make sure this doesn’t happen again. As to if or how he decides to punish Kyle, that is also none of our business. If this were Jimmie Johnson or Carl Edwards everyone would excuse or defend them! This has been blown up into such a big thing because it concerns Kyle!

  • http://Jayskis.com Larry

    I pretty much agree with your assessment. Bottom line, it sounds like to me it’s up to Joe Gibbs to dish out some meanigful punishment. Joe is one of those men who seems to be put up on a pesdistal as being such a fine man and he openly wears his christianity on his shoulder for everyone to see. However, actions speak louder than words and he has proven many times over that he is willing to tolerate Kyle’s Actions as long as Kyle can keep winning and making money for him. If Joe really wanted to punish Kyle he would do something besides putting him on another double secret probation and a fine of $25,000 which is absolutely meaningless to Kyle. A $25000 fine to kyle is like a dollar fine to me and alot of other hard working people. It means nothing. So Joe, shows us what a great man you are by taking some meaningful action against Kyle for a change. A lot of people or watching and waiting. And, another thing, when dishing out punishment just look at the track record of Kyle. After all, we all know there will be other incidents with him it’s just a matter of time and when someone gets seriously hurt or killed people will be looking at you and what actions you took to prevent something like that from happening and I don’t think this double secret probation and $25000 fine will cut it.

  • britboy

    Driving that fast on a public road was not very smart, but you guys in the press are just mad at Kyle because he is more Dale Earnhardt Sr. than Dale Jr. will ever be. Get over it, he is just kicking everyone’s backside (yes you Harvick in trucks, nationwide and cup). If it wasn’t for Kyle we would have to read all the time about Dale Jr. finisthing 25th and how he almost won (what a joke).

  • rick gibson

    Would you think the same if you did something wrong and got suspended from your job….This didn’t happen on the race track…He will have to pay a fine so he is getting punished…

  • http://Jayski.com Earner

    Why can’t Joe & shrubby & A PR team get together * JGR Fines shrubber $100,000.00 & Donate it to a NC charity that needs it & then it’s a win win & the public will be impressed (good for Nascar shrubby & some one gets some thing they need) This is the the best best possible approach for all

  • http://allnascar sylviarichardson

    for the writer of this….. next week you can write about another race driver… i will be waiting 2 see who. this is not up to any of us. nor you what JOE done or does not do.. its up to the cop and the courts.

    • http://allnascar sylviarichardson

      what JOE DOES

      • RHill

        You are just a disgruntled Kyle fan, what he did was not a “mistake” as Kyle referred to it. A mistake is when you run a stop sign because you didn’t see it. 128 in a 45 is a clear decision to defy the law and put others in danger. Mistakes should be apologized for, decisions merit swift judgement.

  • RHill

    Kyle should remember what happened to Rob Moroso. He should also have more regard for his new bride if he doesn’t value his own life.

  • Matt

    You know what is funny about all of these articles about Kyle Busch? That they only come from fringe lunatic writers that would have no readers if it weren’t for Jayski. Face it people, whether Kyle Busch is famous or not, his personal life is just that, personal. What happens to Busch regarding this speeding ticket is between him and the state of North Carolina, no one else. He was not in JGR property, on JGR property, around JGR property, same goes with NASCAR. You have to remember, we are talking about a speeding ticket, yes it was 128 in a 45, but it was not a DUI or DWI or anything regarding drug use. I remember in my younger days “testing” a corvette out on a GA hwy at well over 100mph. I did not get caught that day, but you can bet if I did I would not be missing work on Monday. Stop with the obsession over Kyle Busch. I guarantee this article would not have even been written had the person’s name ended in Jr.

    • admin

      I’ll make sure to print this out and place it next to my awards from Associated Press Sports Editors and the Society of Professional Journalists. Be careful with that “fringe” accusation.

  • Unmoved

    Wow. Jumping on the band-wagon much? KB haters unite! So the guy pushes an empty car on an empty pit road and he has a disregard for human life (i guess his charity work is a cover?) Thanks for the weak reference to other kids who have gotten killed and trying to tie it to ‘coulda happened’. So you’ve never received a speeding ticket? I would argue anytime YOU speed you’re endangering people’s lives. Shame on you! (doesn’t sound so logical does it?

  • http://Jayskis.com Larry

    Why does all the Kyle Fans think everyone is piling on? Kyle has had so many events especially since he left Hendrick that it’s hard to keep up with. He has wrecked so many other competitors in the Truck, Nationwide, and Cup Series. And, a lot of them were running for championships when he wasn’t and his actions could have cost one of them the championship. Kyle swept Bristol last year on a weekend winning the truck, nationwide and cup race. But, he intentially bumped Kesolowski to make a pass and win the race. Brad was running for the championship and Kyle wasn’t. What if that bump by Kyle had cost Brad the championship? Kyle is very self centered who doesn’t care about any other driver. Remember last year when he thought Hamlin had done him wrong at Charlotte and he went to Denny’s Hauler and waited for him? The point is, Kyle just keeps screwing up and his fans and owners just keep tolerating his antics with no meaningful penalties. A four race probation and a $25,000 fine is nothing to a multi millionaire. Kyle just got in trouble at Darlington a couple of weeks ago for dileberately wrecking someone on the track and the incident on pit road. Yet, here he is out driving on a rural road at 128MPH and we are just suppost to let it go. It’s the sum of his errors that have so many upset because after one you just wait around and there will be another Kyle Busch moment when the true Kyle will come out not the one ole DW and the Media is trying to make him out to be. Did you ever hear DW say that Kyle deliberately wrecked at Harvick at Darlington? If he did I sure can’t remember it. Hendrick and Roush could see all they wanted to see with these Busch Boys who evidently never had much raising from their parents and both of them got dumped. Kurt even got dumped before the end of the season. Too bad Ole Joe can’t use some of his christian beliefs and put them to use and take actions against this little spoiled rich kid brat before he hurts someone on the track or on a public road then people will be looking to Joe wondering why he didn’t take some serious actions to try and get this boy under control. Again, it’s not just this incident. It’s the sum of all the ones Kyle has done in the last several years because he never changes. People are just tired of his one thing after another with no meaningful punishment being dished out either by Nascar or Joe Gibbs.

  • Unmoved

    Why do people care so much about what KB does? Think about it… he’s an awesome race car driver and that infuriates people. It’s quite hypocritical though when everyone also complains about vanilla Jimmie Johnson not having a personality, then beloved Dale Earnhardt who’d rather wreck you than look at you. KB is exactly what the sport needs. God given talent and an attitude to match.