Racing board stays Desormeaux fine

ARCADIA, Calif. – The California Horse Racing Board has granted jockey Kent Desormeaux a stay of his $2,500 fine for being under the influence of alcohol while riding at Del Mar in late July.

Wednesday’s one-sentence decision from Chuck Winner, chairman of the racing board, was signed by executive director Rick Baedeker and allows Desormeaux to appeal the penalty, which was issued last Sunday by Santa Anita stewards Scott Chaney, Kim Sawyer, and Tom Ward.

In addition to the fine, Desormeaux was suspended 30 days, but the suspension will not take effect unless the Hall of Fame rider commits another alcohol-related infraction through the term of his current riding license. The license runs through Feb. 2, 2018.

Desormeaux was cited for riding under the influence of alcohol July 29 and had Breathalyzer readings of 0.047 and 0.041 between races.

In a six-page decision issued with the ruling, the stewards wrote that any Breathalyzer positive test shall be considered a violation but called on the racing board to clarify its rules for jockeys to be considered “under the influence.”

Currently, racing board rules do not state a Breathalyzer numerical reading that constitutes a positive. A driver with a Breathalyzer reading of 0.08 is considered under the influence for motor vehicles, while the Federal Aviation Administration rates pilots as being under the influence for a reading of 0.04.

In the two-hour hearing, two attorneys representing Desormeaux argued that the Breathalyzer tests were incorrectly administered and that the standard for a rider to be considered under the influence of alcohol is vague.