Hincapie hasn't been accused of any offence, therefore he is neither guilty nor innocent of any offence.
He is Schrödinger's Doper, if you like.
IMO this is bizarre semantics. You are not currently in prison, because you're not guilty of anything requiring it (if you'll forgive the simplification).
I choose to describe you as an "innocent man". It seems that by your logic you are under suspicion of many unsolved crimes, unable to prove your innocence until you are thoroughly investigated!
Is this really how you view every man on the street, or all your loved ones? It seems a very negative worldview! I shall stick to my "irrelevant platitudes".
Anyway...
now I understand your viewpoint, I see it is immune to debate; we will just have to agree to disagree. The RELEVANT fact is that Hincapie can race until the authorities punish him for some offence. I call this "innocent", you call it "not yet accused"! Either way, he can race.