From Jayski.com:

Waltrip's Penalty and Fine Recinded: On October 4, 2005, the National Stock Car Racing Commission heard and considered the appeal of DEI and Michael Waltrip. The appeal pertained to two penalties issued by NASCAR under Section 12-4-A of the Rule Book "Actions detrimental to stock car racing. Inappropriate gesture by the driver during a televised broadcast". The penalties stemmed from the broadcast of a NASCAR NEXTEL Cup Series event at New Hampshire International Speedway on September 18, 2005.
The penalties assessed were:
* $10,000 fine; loss of 25 NASCAR NEXTEL Cup Driver Championship points; and Probation until December 31, 2005 for driver, Michael Waltrip
* Loss of 25 NASCAR NEXTEL Cup Series Car Owner Championship points for owner, Teresa Earnhardt
The Commission reviewed the broadcast footage numerous times and different Commission members saw different things. Two of the three members found the footage inconclusive. Therefore, by majority vote, the National Stock Car Racing Commission has decided to rescind the penalties. Notwithstanding the outcome of this specific Appeal, the Commission concurs with NASCAR's strong stance regarding inappropriate gestures and/or language during NASCAR broadcasts, and the need for vigorous penalties for any infractions.(NASCAR PR)(10-5-2005)