The year was 2005. But the argument made in the NASCAR appeals process is very similar to the one Hendrick Motorsports and Jimmie Johnson plan to make on Tuesday.
Team owner James Finch had argued before the National Stock Car Racing Commission that he could not be penalized for an illegal carburetor used by his team in a Nationwide Series race at Texas because it had passed the NASCAR inspection process several times previously.
The penalties for the unapproved carburetor were harsh - disqualification of driver Johnny Sauter from the event (no points and money from the event), and a four race suspension and probation for the remainder of the year for the team's crew chief.
The appeals board, however, would have none of it.
"The onus is on the entrant to present a car that is legal at ALL times. The onus is not on NASCAR to detect every rules violation at every inspection," the board wrote in its ruling.
In fact, the argument worked so poorly, the board actually INCREASED the team's penalty - adding a $25,000 fine to Finch in addition to the penalties already handed down. This is one of just two times in NASCAR history the appeals board INCREASED the penalties - which it has the power to do.
Johnson was docked 25 points, his crew chief and car chief suspended six races and crew chief assessed a $100,000 fine for having altered C posts on their car prior to qualifying for the Daytona 500.
One of the main arguments being made by Hendrick officials is that the car passed inspection four previous times in the same fashion.
Will it work?
Given the history, my guess is not a chance. In fact, the situation may only get worse.