Suspended NASCAR driver Kurt Busch won't face criminal charges

The news that Busch has avoided criminal prosecution was announced by the office of the Delaware Attorney General on Thursday.

"After a thorough consideration of all of the available information about the case, it is determined that the admissible evidence and available witnesses would likely be insufficient to meet the burden of establishing beyond a reasonable doubt that Mr Busch committed a crime during the September 26th incident," said the department in a statement.

"Likelihood of meeting that high burden of proof is the standard for prosecutors in bringing a case.

"For this reason, the Department of Justice will not pursue criminal charges in this case."

Busch responded with a statement claiming that he intends to return to the cockpit as soon as he is allowed.

"I am grateful that the prosecutors in Delaware listened, carefully considered the evidence, and after a thorough investigation decided to not file criminal charges against me," Busch said.

"As I have said from the beginning, I did not commit domestic abuse.

"I look forward to being back in racing as soon as possible and moving on with my life."

How long Busch will have to wait before that happens remains unclear. NASCAR is working with a domestic violence expert to determine Busch's route out of suspension, which was imposed after a family court commissioner released a report in February stating that Busch had acted violently towards Driscoll.

"[Busch] has accepted the terms and conditions of a reinstatement programme and is actively participating in the programme," said the series in a statement.

"Kurt Busch's eligibility for reinstatement will continue to be governed by that programme and the NASCAR rule book, though the elimination of the possibility of criminal charges certainly removes a significant impediment to his reinstatement."

Driscoll later issued a response of her own in which she expressed her disappointment at the decision.

"While I respect the process, I am disappointed that full justice was not served here," she said.

"My family and I take a measure of solace in the Order of Protection From Abuse granted by [family court] commissioner [David] Jones, who ruled my account of the facts was the most credible."

Regan Smith has been standing in for Busch in Stewart-Haas Racing's #41 entry since the suspension was announced on the eve of the Daytona 500, and is scheduled to drive the car again at Las Vegas this weekend.