“The only reason you want to arrest somebody in a case like this is if you think that they will continue to be a danger to the people on the highways, or that you don't know that they will show up in court," said Ike Avery.
While a jail sentence is entirely possible under the charges, experts seem to agree that the courts will plead it down. Only 2.4% of speeding cases were convicted as charged in recent years, and the regional newspaper The Charlotte Observer
opined unhappily that "This state's legal system tends to treat speeding as an innocent prank."
Kyle Busch will face a storm of questions during his scheduled media appearances at Charlotte Motor Speedway in the lead-up to Sunday's Coca Cola 600 endurance event. Immediately after the incident he released a press statement saying that "I was test driving a new sports car, and I got carried away. I went beyond the speed I should have been going on a public road ... I apologise to the public, my fans, sponsors, and race teams for my lack of judgement." However, Busch has since declined to comment further.
A spokesman for Busch's Sprint Cup team, Joe Gibbs Racing, acknowledged that they were aware of the incident but declined to comment as to whether they would lay their own sanctions on their driver.
NASCAR officials also declined to comment, although spokesman Kerry Tharp said the speeding ticket did not violate the probation Busch received for the pit road altercation with Kevin Harvick at Darlington earlier this month and that they did not view it as falling under NASCAR's infamous rule 12-4-A, "actions detrimental to stock car racing."
The usual conspiracy theory suspects were quick to point out another side to the affair: that of everyone involved, Lexus was probably the least unhappy with things, now that suddenly the Lexus LFA hand-built high performance sports coupé is world famous.
"All publicity is good publicity," as the saying goes - so did Lexus actually set up the whole incident by putting the keys into the hands of "Wild Thing" Kyle, the Internet rumour mongers wonder? Did they even mention that a nice little speeding ticket might be worth a bit of extra media coverage?
Even if that unlikely thought actually had been in the back of anyone's mind, going 128mph is surely far more than anyone would have been expecting in the circumstances. If there ever was any PR intention in mind, then it seems to have come aground on the rocks of "Rowdy just being Rowdy."