How the Court Ruled Against Kurt Busch

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Feb 22, 2015; Daytona Beach, FL, USA; A detailed view of name plate on the car of Kurt Busch blacked out prior to the Daytona 500 at Daytona International Speedway. Mandatory Credit: Andrew Weber-USA TODAY Sports

The verdict

Kurt Busch was ordered to stay 100 yards or more away from Patricia Driscoll, except at NASCAR races where it is unreasonable to enforce that standard.  In that setting, he is to remain as far away as possible and not contact her.  This provision currently lacks significance, given that Busch is suspended from the series.

Moreover, Busch is required to undergo a mental health evaluation to see if he can be treated to prevent future abuse.  Any recommendations pursuant to that evaluation must be followed.

The verdict primarily stems from this reasoning:

  • That Driscoll’s account is more credible than Busch’s because of how Busch testified.
  • That the evidence supports Driscoll’s version of events more than it supports Busch’s.
  • That even if Driscoll were an assassin, it is unreasonable to think Busch would factor that into whether or not he would assault her as he was described as “snapping” in the incident, not carefully planning it.  Moreover, his profession requires great bravery, and the court believes him to be one of the more daring drivers in the face of that.
  • That Driscoll’s motive at the time of the incident was concern for Busch, not revenge, money, etc.
  • That there is risk for Busch to commit domestic violence against Driscoll in the future, particularly as retribution for this case.
  • That Driscoll lives in fear of Busch and has had to give up things she values, including work with her foundation at NASCAR venues, to avoid him.

Here, it has been determined that it was more likely than not that Busch assaulted Driscoll in the fashion Driscoll describes.