his penalty and was then given the black flag with diagonal white cross, meaning that his subsequent laps were no longer being scored. As a result, he finished 18th. Following the race, Gordon proceeded to do burnouts on the front straightaway as if celebrating his victory, alongside race winner Kevin Harvick. He announced in a post-race interview that he would appeal the result of the race. However, NASCAR suspended Gordon for the following race at Pocono. In a statement released soon after the NASCAR announcement, Gordon apologized for his actions but maintained that NASCAR made a mistake in telling him to line up in the 13th position. Gordon was docked 100 driver and owner points as a result of rule infractions during Speedweeks of 2008 at Daytona. Gordon's car was found with an unapproved front bumper cover. His crew chief Frank Kerr was suspended for 6 weeks until April 9, 2008, was fined $100,000, and placed on probation until December 31, 2008. Gordon was not fined. Gordon appealed the penalty issued by NASCAR in February, 2008. Gordon issued a press statement. "This was an innocent mistake made by someone not even on our race team. They accidentally sent us the new Dodge noses that haven't yet been approved by NASCAR." According to NASCAR Gordon's Dodge nose says Charger, but it is actually an Avenger and it had the approved nose's part number. On March 5, 2008, the National Stock Car Racing Commission restored the points lost in the penalty and rescinded the suspension of Crew Chief Kerr. In their ruling, the commission also increased the fine to $150,000. Gordon's off-road finishes have also been the source of controversy. His second-place finish in the San Felipe 250, March 2009, was overshadowed by allegations that in a very remote area he veered off course and drove down a cliff. The maneuver let him bypass a difficult section of the course, get ahead of another competitor without having to pass, and was a four-mile shortcut. Trophy Truck competitor Ed Herbst filed a protest, which was supported by evidence from a pit crew known as the Baja Fools who had set up a pit stop in that section of the course. On investigation, two sets of Toyo tire tracks (identical to those on Gordon's truck) were found which established the four-mile shortcut. The protest was denied based on the fact that given Gordon's average