"if nascar penalized one guy they'd have to penalize the whole pack"
okay?
give the guy in 12th the win. if he didnt go below the line then he should win
Objectively: I have seen this called a penalty for less in an era where NASCAR says it's about intent.
I am not taking anything away from the drive by the 5 but I certainly think it's a fair question that series officials explain frame-by-frame why it's not a penalty.