AP/ August 24, 2011, 9:34 AM

NASCAR leader loses license for 128 mph joy ride

STATESVILLE, North Carolina - NASCAR points leader Kyle Busch lost his driver's license for 45 days on Tuesday for driving 128 mph on a road close to a day-care center and church in a car worth nearly $400,000. His lawyer said his client was not treated "like any other citizen."

Busch, who doesn't need a license to compete in NASCAR, also was fined $1,000, sentenced to 30 hours of community service and put on one year of unsupervised probation. He pleaded guilty to speeding and no contest to reckless and careless driving in North Carolina District Court.

Busch addressed the court before his sentencing, apologizing again for driving 128 mph in a 45 mph zone in a bright yellow 2012 Lexus on May 24.

"I think you'll be different in the future," District Court Judge H. Thomas Church said.

"I sure will, your honor," Busch replied.

Busch and his wife, Samantha, were in the car when he was pulled over on a two-lane road in an area near a subdivision, a day-care center and a church. The hand-built LFA sports car was on loan to Busch from Lexus for a 24-hour test drive.

Busch attorney Cliff Homesley argued that his client wasn't being treated the same as other people in similar circumstances, citing a July case of a 21-year-old convicted felon who was caught doing 128 mph and received a $300 fine and no loss of license.

"In 25 years of practicing law I've never seen someone not being offered better than this," Homesley argued before the court. "All I am asking is to treat Kyle Busch like any other citizen that appears before the court."

Homesley, calling Busch one of the best drivers in the world, said: "He had full control of that vehicle at all times.

"That automobile in his hands was like a scalpel in the hands of a surgeon. Not a knife in the hands of a 5-year-old."

Busch is coming off his Sprint Cup series-best fourth victory at Michigan on Sunday, and he holds a 10-point lead over five-time defending NASCAR champion Jimmie Johnson in the standings. His next scheduled race is Wednesday's Trucks Series event at Bristol, where he's won the last five races spanning NASCAR's top three national series.

"This is closure. That certainly was what we were looking for in this case," Busch said outside the court. "We've had a lot of people stand behind me and we've gone through this is as diligent as we could, as respectful as we could, and that's why I am here today in person to do it myself and to accept responsibility for my actions.

"Today's done. We move on to tomorrow and try to go win a truck race at Bristol."

Busch spoke only briefly outside court, where a hot dog vendor was set up roughly 100 feet away offering the "128 mph special." Busch headed in opposite direction of the stand as he left with his attorney.

In court, Homesley admitted Busch passed three different patrol cars following one another as the deputies headed to lunch. The first clocked him at 128 mph, the second clocked him at 79 and the third at 59 — numbers that proved Busch was in control of the car and able to slow it down quickly.

Busch did tell the deputy who pulled him over the Lexus was "just a toy," a remark he backed away from while apologizing for the incident in in a media session two days later.

"I'm certainly sorry that it happened," he said. "It wasn't a toy, it's a high-performance vehicle. It should be driven with caution. Obviously, I didn't have caution and I had a lack of judgment.

"There's probably reason why on the TV commercials that they always show at the bottom, `Professional driver, closed course.' Mine was not that. Again, I apologize sincerely. All I can do is make sure it doesn't happen again."

Busch will do his community service with the teen safe-driving program B.R.A.K.E.S., which was developed by drag racer Doug Herbert.

Herbert's two sons were killed in a 2008 accident attributed to speeding, and the drag racer established the "Be Responsible And Keep Everyone Safe" program to teach teenagers safety behind the wheel.

Busch agreed to sponsor 300 students in the program, as well as participate in some of the sessions. He'll have to do at least 30 hours as part of his sentence.

Jeff Glor had the story on "The Early Show."

© 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
63 Comments Add a Comment
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irish1919 says:
Isn't it really ironic that his lawyer would say he wasn't given a fair shake? regularly athletes are given the most breaks because of their noteriety and wealth. How many athletes have been given a pass when commiting worse than this. Pay your fine, do any time, and quit complaining. Did you think you were at daytona or what? Too bad they don't make you skip the first race of the series.
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snaptrap1-2009 says:
That's not a very smart statement Mr. Attorney... "That automobile in his hands was like a scalpel in the hands of a surgeon. Not a knife in the hands of a 5-year-old." Yes, even surgeons make mistakes that can causes the loss of someone else life...save the fast driving for the track...
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amerilatino says:
WOW, even I like to push my Mercedes hard, but 128 MPH in a residential area??? Nononono, where'd this guy's common sense go? If he wanted to push the car like that, I'm sure he could've found a lonely stretch of highway with no on-ramps that he could have hit in the middle of the night after sweeping it for stragglers and cops. Populated areas are for cruising slow, if he's worth his driving gloves he should know that.
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jh7275 says:
NASCAR oftens fines drivers for the catch all" Actions depermential to the sport" rule. If this isn't deperemential to the sport nothing is, look at the how this has painted the sport in the media and in comment areas like this one.
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longtree-2009 says:
128 mph in a 45 mph speed zone? clearly the man is an idiot as is his passenger, his wife. have never known, read about, anyone doing such a stupid thing. the man drove at 128 near a day care center to boot. total disregard for anyone but his idiot self and his idiot wife.
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1pheasant1 says:
The highlight in his "sport" last weekend was a guy pulling another guy's hair. Spoiled brats!
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AmazingGrce says:
IF the man had any class at all he would have shut up his attorney as soon as he started his whining. Clearly his attorney was speaking for him and thus Kyle Busch was showing something very different than humble admission of his crime.

On a track you have controlled conditions and other drivers are prepared to react to situations. There are very strict controls in place and the EXACT opposite exists where he was recklessly endangering all those in the area.

The car was a hand built machine (Translation Kyle really didn't have much experience in that car to know what it was and wasn't capable of doing.) So he was truly hanging it all out there and forcing anyone else on that road to risk their lives because they dared to be on the same road or in the same area as he was at that time. They had no knowledge that that an idiot was going to fly down the road and the even a normal amount of defensive driving would have been inadequate to protect anyone else on that road. It isn't about what could have happened, it's about what did happen. A person ignored the laws and common sense and drove recklessly down a public road in car that he had little to no practice driving on a roadway that not designed for that sort of speed at speeds that removed the chances of any other untrained driver reacting to any situation that existed.

45 days is a farce and nothing less than a slap on the wrist. If NASCAR doesn't step in with something more substantial then they have no nads.

This idiot needs to be off our roads and the track for at least 6 months for that crime.
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Weallhaveone says:
45 days for 128 over the limit, must be nice to have money. Maybe 45 race suspend to go with, that would be a proper sentance.
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myopinionpal says:
I think the good folks over at Charlotte Motor Speedway would of been more than happy to let Kyle Busch test drive that Lexus on the track at whatever speed he wishes to drive.
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talkin2u says:
Should a Professional Race car driver be allowed to drive even after his drivers license is taken away. Well, the right thing to do is tell him he loses his driving privileges. You speed, you pay the price. But "the money" says not one thing will happen to him. His owner, his sponsors and his sport will make sure of that. It's the Hypocrisy of sports I am afraid. When it collides with big money...the law be dammed...regardless of the violation.
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