Attorney Peter Matthew Depew's Legal Cases

DUI and DWI

DUI - Case Dismissed and Arrest Sealed

Oct 09, 2018

OUTCOME: Case Dismissed. Arrest Sealed. Bail Exonerated.

Client was arrested for DUI in 1988 while an active duty military service member stationed in California. Client's breath results were below .10 BAC, the legal limit at the time, but a criminal case wa ... s filed nonetheless. Client never appeared at the first arraignment. Client became aware of the warrant 30 years after the arrest - after he had joined the police force and risen to the level of chief of police of a midwestern city. We were able to calendar the case, recall the warrant, get the case dismissed, seal the arrest, and have his bail exonerated.

Criminal defense

Minor in Possession of Alcohol - Not Guilty

Oct 02, 2018

OUTCOME: Not Guilty

Client was alleged to have been confronted by California Polytechnic University Police at a graduation ceremony while in possession of a bottle of champagne. Business and Professions Code 25662(a) crea ... tes a complete defense to such a charge when a minor is transporting the alcohol at the reasonable request of a parent. Client's father testified that he had asked Client to retrieve the forgotten bottle of champagne from the car for him. Client was found not guilty and avoided the one-year ban on driving.

Domestic violence

Domestic Battery - Case Rejected

Oct 01, 2018

OUTCOME: Case Rejected - No Prosecution

Client was arrested for domestic battery in which no injuries resulted. We presented a mitigation packet to the District Attorney's Office reiterating that the spouse did not want prosecution and inste ... ad preferred to address the matter through couples therapy. Also included in the packet was proof of completion of an anger management course. The DA rejected the case against Client, no charges were filed, and Client's first court date was vacated.

Criminal defense

Possession of a Switchblade - Dismissed Retroactively

Aug 31, 2018

OUTCOME: Dismissed Retroactively

Client suffered a conviction for possessing a switchblade knife in 2009. We petitioned the court for a retroactive dismissal and that petition was granted pursuant to Section 1203.4 of the Penal Code.

Criminal defense

Third DUI, 0.33 blood alcohol - 90 days house arrest.

Aug 30, 2018

OUTCOME: 90 days house arrest, 3 years of informal probation

Client was charged with drunk driving as a third offense within the past 10 years. The alleged blood alcohol content was 0.33, which is more than 4 times the legal limit of 0.08. The case resolved for ... no time in jail, 90 days on house arrest, alcohol treatment classes and 3 years of informal probation.

Criminal defense

Diversion Violation - Dismissed

Aug 21, 2018

OUTCOME: Not Found in Violation

Client was alleged to have failed to enroll into PC 1000 drug diversion. Proof was shown that Client had indeed enrolled in a diversion program in a different county. The allegation was withdrawn and t ... he hearing was vacated. Client will have his drug possession dismissed and sealed upon completion of diversion.

Criminal defense

Felony Resisting Arrest and Criminal Threats - Misdemeanor w/ No Jail

Aug 06, 2018

OUTCOME: No Jail / $250 fine

Client was arrested for felony resisting arrest and misdemeanor public intoxication. Client was alleged to have threatened to murder the family of a peace officer while intoxicated. The officer involve ... d generously offered to support a reduction to a misdemeanor in light of Client's young age and clean record. Client gave a formal written apology to the peace officer and attended certain counseling sessions. The case resolved for a single misdemeanor charge of resisting arrest, 0 days county jail, 2 years of informal probation, and a $250 fine. The ultimate resolution was a result of collaboration between the police, the prosecution, and defense counsel. A just result was achieved that demonstrated respect for law enforcement while still focusing on Client's rehabilitation and future employability.

Juvenile law

Juvenile DUI - Dismissed

Jul 18, 2018

OUTCOME: Dismissed

Minor Client was charged with driving under the influence of alcohol and marijuana. The case against Minor Client was dismissed pursuant to completion of diversion without an admission of guilt. The co ... urt record and the arrest were ordered sealed.

DUI and DWI

Felony DUI and Vandalism - Reduced and Dismissed

Jun 28, 2018

OUTCOME: Dismissal

In 2007, client was convicted of felony DUI with injury and felony vandalism. The cases were put back on calendar in 2018 with a motion to reduce the felonies to misdemeanors pursuant to Penal Code sec ... tion 17(b). Those motions were granted. The cases were then dismissed pursuant to a Penal Code section 1203.4 motion.

Criminal defense

Driving with Suspended License - Dismissed

Jun 26, 2018

OUTCOME: Criminal Charges Dismissed

Client was charged with knowingly driving while his California driver's license was suspended. We kept the case open for four months to give Client time to acquire a driver's license. We then leveraged ... the likely impossibility of the court locating two Mixteco interpreters within 45 days if the matter was set for trial without a speedy trial waiver. The criminal charges were dismissed. Client plead to a non-criminal ticket with a $300 fine. This outcome prevented an adverse situation with Immigration and Customs Enforcement.

Peter Matthew Depew's Legal Cases (186)

DUI - Case Dismissed and Arrest Sealed

Minor in Possession of Alcohol - Not Guilty

Domestic Battery - Case Rejected

Possession of a Switchblade - Dismissed Retroactively

Third DUI, 0.33 blood alcohol - 90 days house arrest.

Diversion Violation - Dismissed

Felony Resisting Arrest and Criminal Threats - Misdemeanor w/ No Jail

Juvenile DUI - Dismissed

Felony DUI and Vandalism - Reduced and Dismissed

Driving with Suspended License - Dismissed