"I would like to just get it over with and put it behind me, I don’t want to carry this one extra day, but at the same time I don’t want to give up that easily like they were right,” Alvarado told the Daily Racing Form last weekend. “I would like to move forward and fix something. As everybody can see, it’s unfair the penalties we’re facing. Maybe (by appealing) we can get something good out of this.”
On Dec. 1, Alvarado was found to have used his whip seven times in winning the $250,000 Cherokee Mile, also at Churchill Downs.
He met with Churchill Downs stewards via video last week to discuss the Derby.
“I didn’t abuse the horse,” Alvarado told DRF. “Nobody can tell me, even if they can prove that I hit the horse two extra times, it was in an abusing way, it’s just ridiculous. The punishment doesn’t fit the crime and I don’t think there was any crime.”
If Alvarado does not appeal, he will serve the two day suspension May 29-30. He is based in New York, which isn't racing those days.