Stewart hires attorney Jim Voyles

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Tony Stewart has hired attorney Jim Voyles to represent him.

Eyewitness Sports Director Dave Calabro broke the news on Twitter around 4:30 Monday afternoon.

Earlier Monday, Stewart announced he would not race at Plymouth Speedway this weekend.

The move came after Stewart and Kevin Ward, Jr.'s fatal crash at a dirt track race in New York Saturday night. When that race went under caution, Ward got out of his car and approached Stewart's car while Stewart was driving. Stewart's car struck Ward, who died from his injuries.

Stewart also did not race in Sunday's Sprint Cup race at Watkins Glen.

For now, the investigation into Saturday's race will enter a different venue -- as it moves through the legal system. There are big differences in how Indiana and New York handle such cases.

First, a local prosecutor will determine if there was any criminal intent, but the bar for that is very high. It is more likely to be handled in civil court where negligence plays a part.

"Has the poor deceased family waived the right to bring this action by signing some waiver before he got into the vehicle to begin with?" questioned Mark McClintock, a Stewart supporter.

Most dirt track racers have to do that before they can race.

There is another difference: Indiana caps damages in civil cases. New York does not.

"There would not be a cap on certain amount the family could get. In Indiana, an emancipated adult is capped at $300,000," explained attorney Mark Ladendorf.

For now, the entire racing world is waiting to see how the case proceeds through the legal system.