How the Court Ruled Against Kurt Busch

Aug 17, 2014; Brooklyn, MI, USA; Patricia Driscoll then-girlfriend of NASCAR Sprint Cup Series driver Kurt Busch (not pictured) prior to the Pure Michigan 400 at Michigan International Speedway. Mandatory Credit: Andrew Weber-USA TODAY Sports

Driscoll’s credibility

When speaking of the events, Driscoll responded in a way that seemed genuine to the court:

• Her reactions, including tears, sobs, and shakiness, reflected a typical response for a legitimate victim of domestic violence.
• One particular response — contraction of her throat muscles — indicated she was brought back into the moment, as if being strangled again.

The Commissioner also found two concerns with Driscoll’s testimony:

• Driscoll was, at times, “combative.”
• Driscoll gave false testimony in recalling that Nick Terry, one of Busch’s witnesses, informed her he had been offered money to testify in favor of Busch.  Though Terry discussed with Driscoll that his testimony was wanted, he did not indicate to her that any money was in play to do so.

Neither instance invalidated Driscoll’s account for the Commissioner.  The false testimony, in particular, was less significant to the court because the facts it alleged were irrelevant to the primary issues at stake.  Evidence supported her other testimony, giving no reason to consider that false, too.

The Commissioner found no fault in Driscoll’s testimony that Terry told her that her neck was red, which he claims he did not do.  This has been excused because of the high emotions of the situation, which can make it harder to recall, and because all that mattered was whether or not she asked Terry to check her for injuries.  Both she and Terry agreed that she had asked, and the Commissioner found that to show Driscoll had a reason to be checked (i.e. that Busch had harmed her in some way).