How the Court Ruled Against Kurt Busch

Feb 12, 2015; Daytona Beach, FL, USA; NASCAR Sprint Cup Series driver Kurt Busch (41) during NASCAR Media Day at the Daytona 500 Club. Mandatory Credit: Peter Casey-USA TODAY Sports

How Busch’s account differs

In Busch’s versions of the events:

• Busch never touched Driscoll’s seat belt during the breakup, though the two did have an argument.
• The texts Busch sent were not meant to be melancholy or worrying, but rather an indirect way to let Driscoll know the relationship was over.
• Driscoll entered his motorhome aggressively and brought her son into the bedroom.  While her son was still there, she wanted Busch to tell him he was ending the relationship.  After Busch refused, Driscoll asked a second time, before Busch (rather than Driscoll) took Driscoll’s son out of the bedroom.
• When her son was gone, Driscoll wanted answers as to why the relationship ended, and was suspicious that Busch had met another woman.  She then requested Busch tell her son that she and Busch were no longer together, which Busch again declined to do.  Driscoll got her son, returned, and asked a fourth time.
• Busch again removed Driscoll’s son.  Then, he lightly placed his hands on her face and told her to leave, which she did angrily.  During this, Busch never mentioned ending his own life.
• Busch denied assaulting Driscoll on the basis that, in his opinion, she is a trained assassin, and thus he would be too afraid.  He dismissed her allegations as extortion or revenge.

As the differences in narratives could not be reconciled, the Commissioner had to evaluate the credibility of each.