NASCAR: Busch attorney plans appeal of suspension

ABOVE: NASCAR Executive Vice President & Chief Racing Development Officer Steve O'Donnell announces the indefinite suspension of driver Kurt Busch at Daytona. (Getty Images via NASCAR)

Busch's attorneys have requested that the protective order case be re-opened, but no ruling on their request has been made.

"We are extremely disappointed that NASCAR has suspended Kurt Busch and we plan an immediate appeal," Hardin said. "We assure everyone, including NASCAR, that this action against Mr. Busch will turn out to be a travesty of justice, apparent to all, as this story continues to unfold.

"We are confident that if the commissioner agrees to hear newly available evidence that contradicts the testimony of Ms. Driscoll, he will be able understand the actions of that night as well as Ms. Driscoll's character and motivations and reconsider his judgment. He has already found that Ms. Driscoll lied under oath at least once. Our newly available evidence will make it clear that much more of her testimony was untruthful and was purposefully kept from the commissioner by Ms. Driscoll's attempts to intimidate and threaten witnesses.

"It is important for everyone to remember that the commissioner's report has to do with a civil, family law matter and no criminal charges have been filed against Mr. Busch. We ask everyone's patience as this case continues in the court of law and are confident that when the truth is known Mr. Busch will be fully vindicated and back in the driver's seat."

Busch's Stewart-Haas team, on the other hand, indicated that it did not intend to contest NASCAR's action.

"We understand NASCAR's position regarding Kurt Busch and accept their decision," a statement from the team attributed to  executive vice president Joe Custer said. "We are in the midst of finalizing our plans for the Daytona 500 and we will announce those details as soon as we're ready."

The Delaware Attorney General's Office has been considering the case since early December, but not yet decided whether to file criminal charges against Busch over the incident.