The New York State Court of Appeals on January 8, 2013 determined to uphold the 10 year suspension of trainer Rick Dutrow. The suspension plus a $50,000 fine will go into effect immediately upon service of the suspension order.
The Dutrow Case has been fully discussed here.
In my view, this means when a licensee comes before an arbitrator for a hearing, the arbitrator’s decision will withstand Court scrutiny. This means that the best way for a client to resolve these issues with the RWB is to negotiate.
The key to fighting for your client is knowing when the fight is over…..clearly an owner, jockey or trainer has every right to fight and appeal a decision made by a racing and wagering board. They have the right and duty to get spit samples when a horse has tested positive. They have a right to a hearing to examine the evidence and cross examine those who have accused them. These are legal principles afforded to the owners and trainers, and will continue. However, once the negotiations are done, and the hearing officer has ruled, it is clear after Dutrow the Courts will not revisit their determination.
