Austin Cindric’s aggressive move at Circuit of The Americas (COTA) set off a firestorm in the NASCAR world. The Team Penske driver found himself in hot water after right-hooking Ty Dillon, an act many believed was intentional retaliation. NASCAR responded with a severe penalty—50 driver points and a $50,000 fine—but chose not to suspend Cindric. This decision left many scratching their heads, especially considering past suspensions for similar moves.

The penalty reignited the debate about NASCAR’s inconsistent rulings. Some drivers and fans felt Cindric got off easy. Kyle Busch, never one to hold back, openly criticized the decision. “I do not agree with the call there… I mean, I’ve been guilty of it before, and I’ve been sat out of it before. So, you know, maybe it’s all in who your last name is,” Busch said.

While Busch fumed, another racing icon, Dale Earnhardt Jr., saw things differently. Dale Jr. didn’t just disagree with Busch—he publicly shot down his argument, offering a surprising defense of NASCAR’s decision-making process.

Dale Jr. feels NASCAR made the right call

NASCAR Hall of Famer Dale Earnhardt Jr. has always been a voice of reason in the garage, and once again, he wasn’t afraid to speak his mind. While he acknowledged the frustration of Kyle Busch and other drivers, he made it clear that NASCAR’s decisions aren’t as black-and-white as some want them to be. On the latest episode of his Dale Jr. Download podcast, he defended NASCAR’s decision-making process.

“I understand what some of the drivers are saying as far as Kyle Busch and Denny are like, ‘Hey man, right hook is a right hook I don’t care… It should all be treated the same.’… NASCAR doesn’t look at these things black and white. NASCAR doesn’t look at it cut and dried, simple, and yes or no. They don’t, and they haven’t in the past. I’m not talking s— about NASCAR here—but they’ll yellow flag something that warrants a yellow flag. It might draw one with 10 laps to go, and that same incident might not bring out a yellow at all 10 laps into the race,” Dale Jr. said.

The veteran points out how important context is when NASCAR is awarding suspensions, penalties, or even something as simple as a yellow flag. However, looking back on history, Cindric seems to have gotten off very lightly. Bubba Wallace was suspended for one race after right-hooking Kyle Larson in Las Vegas in 2022. Chase Elliott received a similar penalty for his retaliatory wreck on Denny Hamlin at Charlotte in 2023. Both incidents happened at high speeds on ovals, leading to severe crashes.

In Cindric’s case, however, NASCAR took a different approach. The crash happened on a road course at lower speeds. Dillon’s car didn’t suffer major damage, and he was able to continue racing without a caution flag being thrown. These factors led NASCAR to impose a heavy points penalty instead of a suspension. Notably, Dale Jr.’s defense comes from a similar background to what NASCAR has taken.

The sanctioning body believes that every incident is unique, and it takes different things to understand it. “The reason we landed on the points and fine is we take every situation and every violation as its own unique incident. Sure, we do look at past instances to help educate ourselves on how we should handle each subsequent one, but each incident is very different,” NASCAR’s managing director of racing communications, Mike Forde, admitted.

Meanwhile, Ty Dillon was firm in his stance as he feels Cindric’s actions ruined his race. “I was wrecked intentionally by him, hooked right just like Chase and Denny and Bubba’s deal,” Dillon said. “He better be suspended next week.” 

In light of these inconsistencies, many felt that NASCAR did this intentionally to save Roger Penske’s driver from suspension, which could have led to his absence from the playoffs.

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Did NASCAR’s waiver rule influence the decision?

The timing of this penalty also raised questions about NASCAR’s new waiver rule. Under the revised rulebook, any driver who receives a non-medical waiver or a suspension loses all of their playoff points for the entire season. This includes points they have already earned and any future playoff points. If NASCAR had suspended Austin Cindric, he would have been at a huge disadvantage if he made the playoffs.

By avoiding a suspension, NASCAR allowed him to keep his eligibility despite significantly penalizing him in the points standings. Some insiders believe this played a role in the decision. NASCAR didn’t want to completely derail Cindric’s season over an incident that occurred at lower speeds. Travis Rockhold, producer of the Dale Jr. Download, brought this up. However, Dale Jr dismissed this theory and said, “I hate to assume that. I don’t think that that’s true.”

While he dismissed the idea, many still feel that NASCAR did a favor to Roger Penske and company. However, this ruling has now set a precedent. If another driver commits a similar right-rear hook on a road course later in the season, will they receive the same punishment? Or will the speed and severity of the crash dictate a different outcome? Fans and analysts will heavily scrutinize NASCAR’s ability to consistently apply this standard in the coming months. What do you think? Should Cindric be suspended? Or does Dale Jr. make a fair point here? Let us know in the comments!