Even the saintly Dale Earnhardt was known to bump a bit.
That's an understatement... My grandfather hated Earnhardt because he was so aggressive. "He's ruining the sport," he would always say. And it's BECAUSE he was so aggressive that so many people latched onto him; where there's #3, there's usually a wreck.
Or maybe I missed the sarcasm in the statement? 
And if Toyota is punished for Waltrip's teams' actions, then there is something wrong with the league.
I had a copy of the NASCAR yearbook the year before and the year that Earnhardt died. It was like they were writing about two different people. He was not a very nice
person but he was a very good driver. Stock Car Racing, was a sport started by Rum Runners who out drove the Law. It was never meant to be a gentelemens sport. It was poor Southern trash with some wrenching and driving ability, banging away every Saturday night on a dirt oval. In Europe the rich raced for the most part. Maybe they got $25.00 and maybe they wrecked. They worked on their cars all week hauled them to the track and dragged what was left home. It was a people's sport and aggressive drivers like Earnhardt, Petty, Allison, etc drove that old school way. So it was rough and tough and fun to watch.
Now they call it Stock car Racing, but look at the car - it ain't stock, it is not even full size. The drivers private Jet to the airport and Chopper into the track to live in their Mobile Home and Chopper back out. If you bump a guy you get a fine. I really liked the old days.