Attorney III / Temp Grant Attorney - 194252

About the role

The South Carolina Department of Motor Vehicles (SCDMV) is seeking a safety focused, execution driven attorney to help the agency increase the number of administrative suspensions that are upheld in impaired driving cases. This position is in the Office of General Counsel at SCDMV Headquarters in Blythewood, SC, and involves frequent travel throughout the state. Two positions will be filled from this posting, each assigned to a region of the state. Positions in this class assume duties typically handled by experienced attorneys without regular supervision or guidance from supervisors, including complex and sensitive legal matters such as legal research, preparing pleadings, briefs, and other legal documents. The role primarily involves appearing and handling administrative hearings in the Office of Motor Vehicle Hearings (OMVH).

Responsibilities

• Gather data regarding CDL and CBP holders that receive administrative violations and suspensions for implied consent and blood alcohol concentration incidents where a contested case hearing has been requested before the Office of Motor Vehicle Hearings (OMVH).
• Prepare for contested case hearings before the OMVH, including subpoenaing witnesses necessary to provide testimony and needed documents, prepping necessary witnesses, reviewing all relevant video recordings and/or documentary evidence, and negotiating global plea deals when appropriate and permissible.
• Ensure law enforcement officers do not agree to plea deals that violate the masking prohibition set forth in 49 CFR 383.5.
• Attend all OMVH hearings involving CDL and CBP holders that receive administrative violations and suspensions for implied consent and blood alcohol concentration incidents.
• During hearings: present all relevant testimony by witnesses, submit all relevant evidence into evidence (or proffer as necessary), cross-examine witnesses as needed, and present and preserve legal arguments that support a finding sustaining the suspension and disqualification, as appropriate.
• Notify SCDMV Deputy General Counsel when a decision issued by the OMVH should be considered for appeal and handle appeals as assigned.
• Process and track data for federal grant reporting regarding the outcome of OMVH hearings involving CDL and CBP holders, reported in accord with the data elements outlined in the federal grant application.
• Perform other duties as assigned within the bounds of the federal grant.

Requirements

• Juris Doctor degree or its equivalent from an accredited law school.
• Minimum of five years' experience as a practicing attorney (per Minimum and Additional Requirements); Agency Requirements specify three years' experience as a practicing attorney.
• Must have Rule 403 Requirements, S.C. Appellate Court Rules.
• Membership in the South Carolina Bar and licensed to practice law in the state courts of South Carolina.
• Must complete a nationwide criminal background check including fingerprinting.
• Knowledge of pertinent state and federal laws, regulations, administrative rulings and procedures, and rules of court.
• Good organizational skills and ability to work independently.
• Ability to communicate effectively verbally and in writing; interpret and apply laws and judicial decisions.
• General knowledge of statutory and regulatory schemes involving motor vehicle related and driving under the influence issues.
• Familiarity with the dynamics of the law enforcement, regulatory, and judicial process; personality and experience to work effectively with law enforcement, regulatory, and judicial personnel.
• Sensitivity to the SCDMV's role in administration of justice and providing services to citizens.
• State-wide travel required; must be able to transport court materials.

Qualifications

• Trial experience and appellate practice preferred.

Benefits

• Health, dental, vision, long term disability, and life insurance for employees, spouse, and children (also available for temporary employees working over 30 hours per week).
• 15 days annual (vacation) leave per year.
• 15 days sick leave per year.
• 13 paid holidays.
• State Retirement Plan and Deferred Compensation Programs (optional for Temporary Employees).
• Exceptional Employee Assistance Program (EAP) at no cost to the employee or members of their household.