Talk about bad timing. On the day that rumors surface about Best Buy moving from Elliott Sadler’s #19 to the #43 with AJ Allmendinger for 2010, the news comes out regarding Allmendinger and a DWI charge. At the time of this post, AJ has since apologized in a statement and NASCAR has placed him on probation for the remainder of the year. But many are now questioning why Allmendinger is getting probation while Michael Waltrip goes unpunished for his recent brush-up with a motorcycle that included alcohol.
First, I think the simple answer to the Allmendinger vs. Waltrip situation is Waltrip isn’t being charged with a DWI. His reported blood alcohol level was 0.06, which is under the legal limit. Allmendinger, according to the report, was over the legal limit. Moving on…
In the other major sports in this country, athletes face suspensions and fines for criminal convictions based on their exisiting conduct policies. Participants in everything from the MLB to the PGA have been suspended for violations, and we have certainly seen some very public examples this year. NASCAR has taken steps in this direction this season with the adoption of their drug testing policy, but the testing policy really only applies to the race track.
After what has transpired over the last week with both Waltrip and Allmendinger, and looking back over past problems, it may be time for NASCAR to consider instituting a conduct policy for it’s competitors. Especially in the situations with DWIs/DUIs, NASCAR needs to show that they don’t condone and will not tolerate drivers driving under the influence. These guys are role models, whether they want to accept it or not, and should be held to a higher standard. Not to mention the fact that they make a living behind the wheel.
I don’t want this to sound like I’m up on some sort of soap box condemning Waltrip and Allmendinger for their actions. Nobody is perfect, and sometimes people make mistakes. We are all guilty. But that doesn’t mean they shouldn’t be held accountable for their actions. Both will face some level of legal punishment, but I think it’s also important for NASCAR to take a stand.
In terms of a conduct policy, I’m sure those in place for the other sports would be a good place for the sport’s brass to start. Make it an all-encompassing policy and actually enforce it with stiff penalties. Sanctions from the governing body would depend on the severity of the crime. And making this policy available for the fans to see would aid in transparency.
This is certainly something you hope to not have to discuss and implement, but most employers have a conduct policy for their employees and many companies won’t even hire someone with a felony conviction. Why shouldn’t NASCAR have their own policy?
*Before I turn this discussion over to you, I want to mention a few things. First, Allmendinger and Waltrip are innocent until proven guilty. Neither have been convicted of anything. Second, I don’t want this to turn into a chance to bash either driver. Comments doing so will be deleted.
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on Oct 30th, 2009 at 12:51 am
I remember not too long ago Brian France after a night of drinking a woman follwed Him to His condo after spotting Him driving erratically on U.S. 1. But because police never interviewed France until he was inside his residence, they could not arrest him for DUI.
Yes,We all make mistakes!
on Oct 30th, 2009 at 2:12 am
These guys are major investments to their sponsors. To the tune of 20-30 million a year once you add in all the hospitality events, tv commercials and all the other things the companies spend money on other then just the car side of things.
I would be willing to bet that they have morality clauses in their agreements. Fortune 500 companies don’t spend that type of cash on a individual without it.
side question…. Is Dinger even getting paid right now? Or is he still racing for free?
on Oct 30th, 2009 at 7:20 am
Mayfield must be reveling in this news.
on Oct 30th, 2009 at 7:23 am
True, both Allmendinger and Wlatrip are considered innocent until proven guilty. But neither has disputed law enforcement’s accounts of the events in question, and each has apologized for their behavior. So, in a sense, they have acknowledged that they are guilty.
There are those that will argue that what a driver, or any of us, does on our own time is our business. I agree with that belief. But when one has been drinking or using other substances and then chooses to get behind the wheel, you lose some of that right. Whether one is actually inebriated or not isn’t the issue. But alcohol, prescription drugs and illicit drugs affect your ability behind the wheel, as well as your ability to make good decisions. Our society now treats this conduct as a serious matter, as well it should.
NASCAR drivers are public figures, role models for both children and adults, who make their living behind the wheel. They need to be aware of this at all times. Of course, they have the right to have a drink or two or six, on their own time, but they need to show greater responsibility when it comes to driving in these circumstances. Drink at home, or if you must go out, hire a driver, or designate a buddy to fill the job.
My understanding is that NASCAR currently has the discretion to deal with matters like the Waltrip & Allmendinger arrests under the “conduct detrimental” provisions of their rules, but for those who feel that this is too vague, perhaps it would be good to add an explicit rule regarding DUI infractions.
on Oct 30th, 2009 at 8:11 am
I guess this answered my “Ask the Insiders” question..NASCAR doesn’t have a policy.
I am one of those people who feel high profile people shouldn’t have to be held to a higher standard than the rest of us. It’s our parents job to give us a set of standards..not some celebrity
Of course, NASCAR needs a policy. In my state, first offense for DWI is 6 months loss of license. If a driver loses his license for 6 months, he shouldn’t be allowed to race for 6 months. How else could you REALLY punish a driver? A fine? Community service? Richard Petty has always had a VERY strict anti alcohol policy. The man does not drink nor even take on alcohol sponsors..he wouldn’t even put a car in the Busch series. Could be interesting.
By the way, I take an apology from any driver with a grain of salt. I’m sure the well oiled PR machine is busy at work.
on Oct 30th, 2009 at 9:28 am
Guys, there was a time that Richard Petty would have nearly exploded in anger if anyone in his organization would have tarnished his image of anti-alcohol. Who’s to say he wouldn’t have even restructured Petty Enterprises over actions like Almedinger’s. Now, with Petty’s “me too” position in team ownership, I think we can easily see that the team owners have lost a lot of the control over their driver’s actions for the sake of keeping all the cash in place.
The Dinger says he wants to learn a lesson from this and wants others to learn a lesson.
If losing Rob Moroso has not taught us a lesson, do you honestly think Dinger’s DWI will?
on Oct 30th, 2009 at 9:36 am
in my opinion, if you lose your license to drive on the road, the same should apply to the track.
on Oct 30th, 2009 at 10:14 am
Many of us believe that this is Waltrip’s second drinking-related accident. And even though I understand that NASCAR has to abide by what official police reports say, I am personally more disgusted by what Waltrip has done and gotten away with than what AJ has done and owned up to. Leaving the scene of an accident to avoid a DUI is not admirable or even responsible behavior and NASCAR should have thrown the book at Michael for that incident. “Conduct detrimental to the sport” should easily have applied to MW’s conduct last year. Shame on NASCAR for giving him a pass. Of course, let’s not forget that the France family has its own problems in this regard to bury under the carpet.
on Oct 30th, 2009 at 10:51 am
He is paying for his actions his drivers license will be suspended for 30 days , public humiliation and getting questions asked about it for the next 2 years everytime a reporter is in front of him. First offenses in most states require jail time or community service and house arrest, probation, automobile insurance rates going through the roof and fines and lawyer fees. T.C. will they tell you you are not allowed to write your articles if you get one? He broke a law away from the track it should not affect his job unless it is in his contract with the team.
on Oct 30th, 2009 at 11:30 am
Waltrip should have been punished (not by NASCAR) because he made a stupid driving error that could have killed a cycle rider. He was just very lucky this time. If NASCAR is going to get involved with this stuff, it’s just going to be another big can of worms!!! Just what they need.
on Oct 30th, 2009 at 12:21 pm
This reminds me of what happened to Scott Wimmer a couple of years ago – and that story ended badly. Scott’s career has gone the wrong way, in spite of his considerable driving talent, because he wrecked one of Bill Davis’ company cars while DUI. He lost Bill Davis’ ride the next season and has been begging for good rides since.
I expect Allmendinger’s to have a similar fate. The potential 2010 deal with Best Buy will probably go away and McDonald’s and Vavoline will likely want to stay off his car.
Sad, for he seems like a nice kid……
on Oct 30th, 2009 at 6:02 pm
Keith- Tell me, a truck driver gets a DUI and loses his license, he’ll lose his job; is this situation any different? Or how about Aaron Fike. He broke a law away from the track and got suspended indefinitely. I guess your OK with off track drug use though. People die everyday from drunk drivers, and when your job is to drive a racecar and you get a DUI you are setting a very bad example. What’s worse though is all the people who are attempting to defend this action.
on Oct 30th, 2009 at 6:30 pm
From what I have read the motorcycle rider admitted to having had a couple of beers before he got on his cycle and ran into Waltrip. I’m not excusing his actions at all, but knowing the media, AJ has been put in a difficult position – he’s got to apologize quickly to diffuse the media horde and try to keep his ride, and then worry about the legal consequences. We all seem to be in a rush to judgment and the all-knowing, all-powerful media likes to promote the idea that their court of public opinion is just as important as a court of law – except, I am sure, for members of the media. I do hope this doesn’t ruin AJ’s career, but is a wake up call for everyone.
on Oct 30th, 2009 at 10:31 pm
There are pic’s of AJ at some high end bar called Skybar in Mooresville the night of the DUI floating around on the net. Is that where he was having dinner at 1 am? There is no “dinner” in any of the pics, just alcohol.
on Oct 30th, 2009 at 11:18 pm
It is past time for NASCAR to develop a conduct policy. This way it would end the feeling of one driver receiving preferential treatment, while another driver gets the book thrown at them. The drivers are role models to young kids and teenagers, and it is not right for NASCAR to condone drunk driving, drug abuse and other bad behaviors. I hope that your right about the sponsors having clauses in their contracts with the drivers about bad behaviors, whether drunk driving, using drugs or beating up a wife/ girlfriend or another person for matter.
TC- If you were to be cited for drunk driving, could you possibly be benched by your team? How far do the teams monitor the crew members’ behavior away from the track?
on Oct 30th, 2009 at 11:35 pm
I have a problem with NASCAR’s double standard. In one breath they want to put a driver on probation; and in the next breath they are saying drivers are not employees but independent contractors. Hmmm.
While I absolutely believe that AJ deserves to held accountable for his actions, I don’t think it should be up to NASCAR to dole out any punishment. He works for RPM, so let them handle it. If they want to set an example, then Waltrip needs to be put on probation too. Don’t give me the BS that he only had a .06 to AJ’s 08. If you drink any alcohol then you should NOT drive, period. Selective punishment, again….
on Oct 31st, 2009 at 1:19 am
Ode to 09. The year that brought us Mayfield, Waltrip, and Allmendinger in trouble with the law and NASCAR.
I personally think that NASCAR is fine without a stricter than they have conduct policy. Maybe lengthen the probationary period from a season to 3 or 4 seasons. The team owners do a fine job of punishing their drivers in most cases, and what they don’t do NASCAR does for them.
This isn’t the NFL, where players are dogfighting or shooting themselves in the leg. Yes, drinking and driving is bad, as well as doing drugs. But with NASCAR implementing drug tests and team owners setting their drivers straight, I believe NASCAR is on pace to do well.
That being said, should NASCAR get one or two NFL-type-personalities, yes we’ll need a stronger policy. Until then, we’re okay where we are.
on Oct 31st, 2009 at 10:30 am
I’m not sure where I’m going with this but….
As a nurse if I get a DUI I could lose my RN license and with that my job but I know this up front and base my behavior on it but; am I 100% certain 2 glasses of wine with dinner isn’t enough to make me illegal, no. It sounds like AJ was trying to be somewhat proactive by drinking water for the last 90 minutes the problem was 1 drink too many or not waiting quite long enough perhaps this is the message he can spread as part of his community service just because you feel fine doesn’t mean you are fine. I don’t want AJ or Mikey lose their livelihood because of this and hopefully their behavior after getting caught will send the right message. Hey Michael Vick came back and he caused injury and death (I know we are talking dogs here but still). I also think that breathlyzers by Nascar should be the least of the annoyances they have to deal with because of their bad judgement.
on Oct 31st, 2009 at 12:16 pm
a clarification (yet again): richard petty himself is not opposed to alcohol and i have not been able to find any statement from him that says that. the reason he did not take on alcohol sponsors or contigs when it was truly his team is because he promised his mother (grandmother?) that he would never do so. it was never a decision that HE would not use alcohol or anything of the kind and it’s become annoying that the nascar urban folk legend continues that he, himself, is opposed to alcohol use. (and, of course, it’s all been rendered moot by the #9 bud car running out of what is now RPM. it ain’t really his team and $$ trumps everything)
that being said: the question on the table is whether nascar SHOULD have a personal conduct policy because (essentially) “all the other guys are doing it.” but for me, the bottom line is that, except for the high visibilty cases to which journo alludes, other sports do precious little to consistently enforce their own conduct standards. the standards clauses seem to be brought to bear when there’s an arrest (but not all the time) or when the league involved wants to make a statement. been a TON of players busted for speeding and/or dangerous driving but the leagues haven’t punished them, even when it has resulted in serious unjury or death.
being in philly, we’ve had some REALLY obnxious code of conduct violators in pretty much every sport, except maybe baseball. and few, if any, of the athletes involved have been disciplined by the league: it’s generally come down to the owner of the team taking action.
pretty much ike what’s happened with allmendinger and rpm.
journo, as for your truck driver analogy. correct me if i’m wrong but i believe nascar permits drivers to participate in their series even without a “civilian” drivers license, as long as the driver has a nascar license. we have had for many, many years, underage drivers racing in nascar-sponsored series, up to and including joey logano, yes? so, while allmendinger has had his “civilian” license suspended for 30 days which is apparently the norm for first time offenders in NC, his nascar license remains intact.
and please tell me you are NOT equating at dui w/aaron fike admitting at the time of his arrest that the substance in the needle was heroin and that he was there to shoot up! yes, dui is unconscionable but c’mon, journo: it ain’t heroin! fike was suspended 3 days after his arrest under the ‘actions detrimental” b/c he admitted that night to using heroin: the rest of his story didn’t come out until the espn article. nascar was very lucky he didn’t kill someone while racing.
no one who is at all inteligent is ok with off the track — or on the track! — drug use, journo, and blasting keith like that was unfair. in fact, it’s why some of us are thrilled that nascar is holding tough w/mayfield and hope they don’t buckle on this one. it’s why i personally am glad they booted shane hmiel and aaron fike and tyler walker, even tho’ i like all 3.
i am not excusing allmendinger’s behavior: it was stupid and he should have his license yanked by the state and be required to perform community service. i also agree that his team should have fined him. should they sit him for the rest of the reason or for a race? that’s their call. i honestly don’t know what i’d do in that situation.
but i give him props for being honest about it, for standing up and saying he accepts responsibility and that whatever punishment his team and nascar want to hand down is appropriate. that’s more than some in his position have done previously.
drivers are independent contractors per nascar statement and policy. so, nascar has NO right to take action against a driver for something that occured away from the track. the driver is hired by the team, not the sanctioning body, so they really have no right to have any say in what happens with allmendinger. and b/c that’s been nascar’s position since the beginning, i’m not even certain a code of conduct would be enforceable by the sanctioning body versus by the team owner(s).
and what happens when the team owner is the one who violates the code of conduct and he is also a driver?
on Oct 31st, 2009 at 1:49 pm
Red- AJ had no choice but to apologize for it. There isn’t a whole lot of room for negotiation when the Mooresville Police have you blowing a .08 into a breathalyzer. That’s beside the point though. It’s pretty hypocritical if you’re against NASCAR sanctioning this situation, but OK with them suspending Aaron Fike. Both committed illegal acts outside the race track. NASCAR didn’t catch either, and both got penalties (though only one really meant anything). The fact of the matter is AJ could have killed somebody and Aaron Fike (who was sitting in a parking lot) could have only killed himself. Now I’m not saying AJ should have been suspended indefinitely, but I think he should have received at least a one race suspension, as a drug conviction and a DUI conviction are two different things (while AJ hasn’t been convicted he has admitted to it).
When you’re a professional athlete and drive a car for a living you are held to a higher standard. I’m sorry, you’re a role model that’s just how things work (not to mention you have sponsors pumping tens of millions of dollars into you). Apologizing for the incident is great, but means absolutely nothing. This sends a message that I can do just about anything, as long as I apologize for it. Not good enough.
The truck driver analogy had nothing to with the license but everything to do with the fact that they too drive for a living and will most likely lose their job if they get a DUI (I’m not calling for AJ to lose his job). The DOT and that truck driver’s employer don’t care if he got that in his personal vehicle on his own time. That is their business, just as this situation is NASCAR’s business.
According to MADD, someone is killed by a drunk driver on average every 45 minutes. In 2008 they estimate 11,778 people were killed in drunk driving related accidents. I’ll bet all those who have friends and loved ones killed by drunk drivers every year don’t find an apology, or probation from NASCAR an acceptable punishment. I wouldn’t blame them.
on Oct 31st, 2009 at 4:57 pm
journo, allmendinger had plenty of choice in re: his apology: see “michael waltrip” for insincerity after the fact. but that’s just my take on both of waltrip’s “episodes” with dui. i didn’t hear/read allmendinger’s apology as being one of those “i can do anything i want as long as i apologize afterwards.” perhaps you did but i did not.
as for fike: i understand your point (why can nascar sanction one but not the other?) but i maintain that there is a world of difference between allmendinger’s .08 and fike’s loaded needle. and i contend that to react otherwise, to equate the two, is pushing the comparison in order to make a point. so, no, i don’t think it’s hypocritical at all. i think to see the two as equal offenses to which nascar should respond is unrealistic. i also believe that nascar had to react to fike: their hand was forced. obviously, not so with allmendinger.
i make no excuses for dui, regardless of the level, as i’ve been there when the cars are still on fire, with wheels spinning in the air. i appreciate the info about drunk drivers b/c anything anyone does to educate folks is great. and i am not saying that an apology is sufficent to those who have lost family and friends b/c both you and i know it isn’t and never will be.
i also agree that professional athletes are held to a higher standard. some may say it’s unfair but it comes with the territory.
for me, the truck driver analogy does have something to do with the license. if allmendinger relied on his civilian license for his living and it was suspended, yes, he’s lost his job. but the license HE requires to make his living is his nascar license: are you contending that nascar should have taken THAT away from him, thereby costing him his job, as would happen to the trucker? nope, you’re not.
you’re contending they should just sit him out for a week as . . . what? punishment? retribution? deterrent? rehabilitation? revenge? just as long as we’re clear on the motivation for the action. criminal justice says the system has to know WHAT it wants to accomplish b/c that will direct the action. let’s be clear: are you seeking punishment? if so, say it and don’t couch it in what nascar can or should do. it’s not an invalid reason for wanting him to be sat down but let’s be honest about it and put the pressure on the owner to take that action, not nascar.
also, how many races should nascar sit someone down? if it’s like allmendinger’s bust — no one else involved, no property damage — it’s one race. if a mailbox is knocked down or the car is in a ditch, it’s 2 races? someone gets injured, it’s 5 races? hell, this organization can’t handle what it’s responsible on the TRACK; how can we assume they can figure out what to do OFF the track?
look, bottom line is that nascar will do whatever it chooses to do under the ‘actions detrimental” section and i feel you’re advocating that they have the equal authority to respond to dui and drug use. i contend these are differing levels of severity and need to be addressed differently and nascar may not have any role in one.
on Nov 4th, 2009 at 6:29 pm
I think that before NA$CAR starts having more restrictions on drivers personal lives, they need to have a conduct policy for themselves.
They have single handedly brought stock car racing to a screeching halt. Its boring, its over regulated, the drivers can’t say the truth and god forbid they take a shot a NA$CAR. “Into the trailer” you go. And you can’t tell the difference from 1 car manufacture to another anymore.
Then you have the plate races. Forget’m!!! Either pull the plates and let’m race or just not run the race at all. Well maybe not…I watch the 1st 10 laps or so, then take a nice long nap or do chores around the farm. Then with 30-40 labs to go I go back to watching again. don’t start yelling about the “SAFETY” crap. 1st you just had some of the worse wrecks ever and they walked away. 2nd these guys are professional racers being paid BIG bucks to drive around for 3 hours or so. They are well aware of the risks. Lets let them decide for a change and not a bunch pseudo do gooders, who wouldn’t know a spark plug from a pinion gear.
All those new rules and phony cautions have pretty much killed the racing for us. I’ve been watching or going to the races since the early 60’s. No more!!!! Now I maybe watch a few of the better races on TV and root for my guys. If I had a local track here, I’d be there every raceday to watch the locals go at it. NHRA looks better every week.
)
Anyway a code of conduct for NA$CAR is a better alternative to keep THEM from screwing around even more. If they don’t like that, then there is always the opportunity for a new racing association to be formed. Bet there would be more than a few takers for that deal.
Happy motoring friends,
Jim