Diego Herrera's suspension and what it means

Diego Herrera, a jockey who rode at tracks including Sunland Park in New Mexico, received a suspension from racing after a positive test for a banned substance. In 2015, Herrera tested positive for a stimulant and was suspended by the New Mexico Racing Commission. The length and terms of his suspension were set by the state racing authority that oversees jockey conduct and horse racing integrity.

Jockey suspensions work differently from other professional sports suspensions because they are governed by state racing commissions, not a single national body. Each state that hosts horse racing has its own commission with the power to suspend, fine, or revoke a jockey's license. The rules, testing procedures, and appeal processes vary by state.

Key Takeaways

  • Diego Herrera was suspended by the New Mexico Racing Commission after testing positive for a banned substance in 2015.
  • State racing commissions, not a national organization, have the authority to suspend jockeys and set the length of their suspension.
  • Jockeys can appeal suspensions through the state commission's formal process, though the burden of proof falls on the jockey to challenge the test result or the procedure used.
  • A suspension prevents a jockey from riding in any races at tracks within that state, and some suspensions carry weight across state lines depending on interstate racing agreements.

How state racing commissions handle jockey suspensions

When a jockey tests positive for a banned substance, the state racing commission investigates and holds a hearing. The jockey receives notice of the positive test result and has the right to be present at the hearing, present evidence, and challenge the test. The commission then decides whether to suspend the jockey and for how long.

The substances banned in racing include stimulants, depressants, and other drugs that could affect a jockey's judgment or a horse's performance. Testing is done through urine or blood samples, usually collected after races. If a test comes back positive, the commission's lab may run a confirmation test before moving forward with a hearing.

Suspensions can range from a few days to several years, depending on the substance, whether it was a first offense, and the circumstances. A jockey suspended in one state may still be able to ride in another state unless that state's commission has reciprocal agreements that recognize out-of-state suspensions.

The appeal process for jockeys

A jockey who believes a suspension was unfair can file an appeal with the state racing commission. The appeal process typically involves submitting written arguments and may include a hearing before a different panel or official. The jockey can challenge the accuracy of the test, the procedures used to collect or analyze the sample, or argue that the punishment is too severe.

During an appeal, the jockey bears the burden of proving that the test was flawed or that the commission made an error. This is different from criminal law, where the government must prove guilt. In racing commission hearings, the positive test result is usually considered strong evidence unless the jockey can show a specific problem with how it was handled.

What a suspension means for a jockey's career

A suspension prevents a jockey from riding in any races at licensed tracks within the suspending state. During the suspension period, the jockey cannot earn money from racing and may lose sponsorships or riding contracts. For a professional jockey, even a short suspension can mean significant lost income.

After a suspension ends, a jockey must usually explore to have their license reinstated. Some states require the jockey to pass additional testing or meet other conditions before they can return to racing. A suspension also becomes part of the jockey's permanent record with the racing commission and may affect future employment or sponsorship opportunities.

Interstate recognition of suspensions

Most state racing commissions share information about suspensions through organizations like the Racing Medication and Testing Consortium (RMTC) and the Association of Racing Commissioners International (ARCI). When a jockey is suspended in one state, other states are usually notified and may honor the suspension even if the jockey tries to ride in their state.

However, not all suspensions are automatically recognized across state lines. A jockey suspended in New Mexico might theoretically attempt to ride in another state, but that state's commission would likely impose its own suspension once it learned of the out-of-state case. The specific rules depend on interstate agreements and each state's policies.

Frequently Asked Questions

Can a jockey ride in a different state if they are suspended in their home state?

Most state racing commissions share suspension information, so other states will likely impose their own suspension or refuse to license the jockey. Some interstate agreements require automatic recognition of suspensions, while others allow each state to decide independently. The jockey would need to check with the specific state's racing commission.

How long does a typical jockey suspension last?

Suspension length varies widely depending on the substance, the jockey's history, and the state's rules. A first offense might result in a suspension of weeks to months, while repeat offenses or more serious violations can lead to suspensions of a year or longer. The racing commission sets the length during the hearing.

What happens if a jockey tests positive but claims they did not knowingly take the substance?

The jockey can present this argument during the hearing, but most racing commissions hold jockeys to a strict liability standard — meaning the jockey is responsible for what is in their body, regardless of intent. The jockey would need to show either that the test was wrong or that the substance came from an unexpected source, like contaminated food or medication.

Can a suspended jockey work in other roles at the racetrack?

A suspension typically applies only to riding in races. A suspended jockey might still work as a horse trainer, exercise rider, or in other non-racing roles, depending on the terms of the suspension and the track's policies. The specific restrictions should be stated in the suspension order.