Todd Braun, owner of Braun Racing, and Shane Hmiel, driver of the #32 WINFUEL Chevrolet, have decided not to appeal the penalties assessed by NASCAR for the incident that occurred during the Sharpie 250 at Bristol Motor Speedway on Monday, April 4.

"Although we do not agree with the way that everything has been handled in regards to the incident that occurred; we do understand the direction that NASCAR is trying to move and what they are trying to accomplish," Todd Braun said Monday afternoon. "We have decided not to appeal the penalties that were assessed, but to instead move forward in representing WINFUEL and the NASCAR Busch series. Braun Racing looks forward to putting this incident behind us and going to Phoenix to win the race."

NASCAR fined Shane Hmiel $10,000 and docked him 25 driver points for making an obscene gesture that appeared on live television via Hmiel's in car camera. Owner Todd Braun was also docked 25 owner points for the incident.

"I apologize for making the gesture," Hmiel said today. "I never intended for it to end up on television. We have decided to drop the appeal and move forward with our pursuit of the Busch Series Championship."

Braun Racing and the NASCAR Busch series heads to Phoenix International Raceway this weekend for the Bashas' Supermarkets 200 on Friday, April 22.