Kurt Busch suspension upheld, will not race in Daytona 500

DAYTONA BEACH, Fla. -- Out of appeals, Kurt Busch is indefinitely suspended by NASCAR and will not be permitted to race in Sunday’s Daytona 500.

The National Motorsports Final Appeals Officer, Bryan Moss, refused to overturn NASCAR’s suspension of Busch late Saturday night. The decision is final and cannot be further appealed, per NASCAR’s jurisdiction.

Earlier Saturday a three-member appellant board convened to hear the respective cases of Busch and NASCAR, with the board ruling in favor of the sanctioning body shortly after 3 p.m. ET. Both appeals were held at NASCAR’s headquarters, located directly across the street from Daytona International Speedway.

Busch was indefinitely suspended for “actions detrimental to stock car racing” and under NASCAR’s behavior policy, which mandates “correct and proper conduct, both on and off the race track.”

NASCAR suspended Busch Friday following a Delaware Family Court finding evidence the 2004 Cup Series champion “more likely than not” strangled ex-girlfriend Patricia Driscoll during an alleged incident Sept. 26 at Dover International Speedway, the site of that weekend’s NASCAR race.

Driscoll alleges Busch grabbed and smashed her head against the wall in his motor home. The couple had broken up the week before. A criminal investigation is ongoing. Since Driscoll filed a police report Nov. 5, Busch has maintained his innocence throughout the proceedings.

NASCAR will set forth a course of action Busch must follow to regain eligibility. NASCAR would not elaborate on the requirements. A NASCAR spokesman had no comment when asked how Busch took the news.

The sanctioning body regards Busch’s suspension its response to the Sept. 26 incident between him and Driscoll.

“We are unhappy with the latest decision to deny our re-appeal, but we will continue to exhaust every procedural and legal remedy we have available to us until Kurt Busch is vindicated,” said Rusty Hardin, Busch’s attorney. “Along the way we intend to continue to call attention to the facts and witnesses that will shed light on Ms. Driscoll’s true character, motivations and history.”

Busch exited NASCAR headquarters just before 3 p.m. ET without comment. This is the third suspension of his career. He was suspended by Roush Fenway Racing for the final two races of the 2005 season following a dispute with an Arizona police officer. In 2012 NASCAR suspended Busch a race for threatening a reporter.

Stewart-Haas Racing named Regan Smith to drive Busch’s No. 41 car in the Daytona 500. The team said regardless of the outcome of Busch’s appeal, Smith will drive Sunday. Busch was to start in the 24th position.