Denny Hamlin has played a part in setting the precedent for NASCAR when it comes to the sport’s intentional wrecking rulebook. Back in 2023, the organization viewed Hamlin’s contact with Ross Chastain as nothing more than an incident until the former went on his podcast shortly to admit he’d done that intentionally. A 25-point penalty and a $50,000 fine followed, but what hurts Hamlin more is how situations keep unfolding that reveal how the template and NASCAR polices its own – without much logic.
“I think no matter what, common sense has to be the first rule of thumb,” Hamlin said, reflecting on Texas’ penalty report, which had Ryan Preece pay the same price as Hamlin in 2023, but nothing for Kyle Busch.
“…and then you go from there. Then you use data to either back up or deny common sense.”
Denny Hamlin was among those who thought Ryan Preece wouldn’t be penalized and Kyle Busch could be. Hamlin said in addition to SMT data, common sense should be considered (he did say he doesn’t have all the info NASCAR has in making the decision). @NASCARONFOX pic.twitter.com/chZZg8QbiW
— Bob Pockrass (@bobpockrass) May 10, 2026
If one listens to the communications VP’s comments, it becomes clear that Hamlin’s words aren’t blank critiques. As Mike Forde laid it plainly on the Hauler Talk podcast: “He (Preece) said what he said, and then he did what he said. And so in our view, it was intentionally wrecking another vehicle.”
It can be argued that Preece’s full radio rant was rather ‘welcoming’, but the same can be said for Busch’s and John Hunter Nemechek’s crash. Clint Bowyer and Kevin Harvick suggested as much on the broadcast. Yet, come Tuesday, and NASCAR’s reliance on radio over replay changed Busch’s fate.
The other explanation given was the SMT data that Busch also posted on his social media. Forde further conveyed that competition strategist Scott Miller claimed the data to be inconclusive as to whether the No. 8 Chevrolet driver had intentionally wrecked Nemechek’s No. 42 Toyota.
Then, quite predictably, Forde added, “There was no audio that came out that said, ‘I’m going to wreck the 42,’ and then he wrecked the 42.”
Busch had further defended his actions, pointing out how he used “hash marks” on the back straightaway to judge positioning before the contact happened. However, Hamlin had a few points to make on his Actions Detrimental podcast. Per him,
- The move looked intentional because Busch “lost his [temper] going into Turn 3,” suggesting the contact was too aggressive to be dismissed as ordinary racing
- Busch’s explanation about using “hash marks” on the backstretch did not make aerodynamic sense, saying drivers normally would not run that high because it hurts straight-line speed. And Busch’s line relative to Nemechek’s car was unusual enough to undermine Busch’s defense that he simply misjudged space.
- Busch should have, in the first place, driven lower on the track to avoid the situation entirely.
That said, what Hamlin is really pointing at here is a structural problem. NASCAR insider Alan Cavanna put it bluntly on The Gluckcast: “As long as you don’t give us the evidence, we’re going to let it go. That’s the interpretation I have from NASCAR. That’s the only rule they have to follow — don’t admit you did it and we’re not going to penalize you.”
What makes the Busch situation harder to dismiss is the pattern, since Texas wasn’t an isolated incident. At Bristol in April, with four laps remaining in the Food City 500, Busch made proper contact with Riley Herbst, who had spun him earlier in the race. This sent Herbst spinning into the wall and triggered overtime. No penalty came then either.
While Forde acknowledged the trend after Texas, the only plans they have towards the same is to have a conversation with RCR and Kyle Busch. So, it makes sense that RFK Racing is now vowing to take action.
RFK Racing and Ryan Preece to appeal the penalty
“Honestly, I’m a bit surprised,” Preece admitted to the media heading into Watkins Glen for the next race. While NASCAR seemed to have quite a strong stance with the penalty they awarded to the RFK driver, he and the team still have a chance to oppose it, and that is what they’re heading for now.
“RFK Racing has decided to appeal the penalties issued by NASCAR against Ryan Preece,” the team wrote. “We appreciate the opportunity to share our findings with the national motorsports appeals panel at the appropriate time. Additionally, our organization respectfully embraces the form provided by NASCAR to present our case.”
NASCAR is usually not very kind with the appeals made to overturn penalties. In fact, more than 50% of the penalties appealed in recent times have been upheld by the authorities. And the last time someone won was when Chase Briscoe and Joe Gibbs Racing appealed after an investigation into an alleged modified spoiler during the 2025 Daytona 500 qualifiers. Yet, the process gives Ryan Preece some hope of getting those points back.
“I’m thankful that NASCAR has an appeals process, so I feel like I can be heard and let that process play out,” he added.

And the pressure on NASCAR will be quite a lot, considering that the most followed and respected voices in the sport have stood with Preece.
“I honestly, I honestly don’t agree with this one. I really don’t,” Dale Earnhardt Jr. said. “I think if you’re not going to penalize Kyle, which I didn’t think they would, I don’t think you can penalize Preece. I’m just really, really surprised by this decision,” he added.
“I guess we’ll see what everyone else thinks. Cause this is a doozy. This is quite, quite an interesting turn of events. I didn’t see this one coming.”
Dale Jr also responded to the appeal and wrote, “Chance for overturning it (is) very low. But if they can reduce the points, it’s a big win.”














































