Attorney Peter Matthew Depew's Legal Cases

Criminal defense

DUI - Reduced to Wet Reckless

Mar 29, 2022

OUTCOME: DUI Dismissed - Reduced to Wet Reckless

Client was charged with driving under the influence of alcohol. Client was alleged to have driven his vehicle off the road returning from a wine tasting in Paso Robles. When CHP arrived, the vehicle wa ... s upside down. Initial blood results showed a .10 percent BAC. Subsequent re-testing of the blood by a private laboratory showed a .07 BAC. Ultimately the DA dismissed the DUI charges and Client entered a plea to a reduced charge of reckless driving.

Criminal defense

Battery - Dismissed

Mar 21, 2022

OUTCOME: Dismissed

Client was alleged to have grown a drink at a bar back at the famed honkytonk Harry's in Pismo Beach. The alleged victim was also charged with battery. Given the difficulty in prosecuting both parties, ... we were able to arrange a dismissal if Client could go one year without being arrested and write a letter of apology. Client fulfilled those terms and the case was dismissed.

Expungement

Drug Sales - Reduced to Misdemeanor and Expunged

Dec 08, 2021

OUTCOME: Reduced and Expunged

Client had been convicted of felony drug possession in 2012. We petitioned for reduction to a misdemeanor. The felony was reduced to a misdemeanor pursuant to Proposition 47. Our subsequent petition fo ... r expungment was granted.

Expungement

Reckless Driving - Probation Terminated Early / Case Expunged

Dec 03, 2021

OUTCOME: Dismissed Retroactively

Client had been convicted of reckless driving 2019. Due to a change in law, Client was eligible to terminate his probation early. That motion was granted and the subsequent petition for expungment was ... granted.

DUI and DWI

Driving Under the Influence - Dismissed - Board of Registered Nursing sanctions avoided

Oct 15, 2021

OUTCOME: Dismissed

Client was arrested for driving under the influence of alcohol. Client had served honorably in the United States Army as a medical before becoming a registered nurse. We petitioned for pre-plea militar ... y diversion. A judge granted that petition allowing Client to avoid admitting wrongdoing or suffering a criminal conversion. In the absence of a criminal conviction, the RN Board was unable to take adverse action against Client. Client ultimately completed all the education obligations of his diversion and the case against him was dismissed.

Criminal defense

Diverting a stream bed - Dismissed

Jul 29, 2021

OUTCOME: Dismissed

Client was charged with misdemeanor violations of Fish and Game Code Section 1602(a), diverting a stream bed and Section5650(a)(6) depositing in a waterway. Client was accused of removing dry brush fro ... m the backyard of his rural home without a permit. Client also allegedly gathered harmful litter left by homeless campers such as a rusted 55 gallon drum, drug paraphernalia, wigs and sold clothing to be hauled away. Fish and Wildlife Officers saw this from the street and wrote a citation for the unpermited changes. Because the changes were entirely sensible and not harmful to the greater good, we were able to reach an agreement with the DA in which Client retroactively obtained a permit for the changes and the case against him was dismissed.

Expungement

Felony Commercial Burglary - Reduced and Expunged

Jul 01, 2021

OUTCOME: Conviction Expunged

Client was convicted of felony commercial burglary in 2014. Client's life had drastically improved in the interim with respect to employment and sobriety. We petitioned to have Client's felony reduced ... to a misdemeanor. That petition was granted. We then petitioned to have Client's misdemeanor expunged. That petition was also granted.

Criminal defense

Unserved 60 Day Jail Sentence Ruled Null and Void

Jun 28, 2021

OUTCOME: Probation Terminated Early and Jail Sentence Deleted

Client was sentenced to 60 days jail in November of 2019 in a case where he self-represented. More than a year had passed without Client ever having served his jail sentence. The jail repeatedly postpo ... ned Client’s sentence due to the Lockdown. Client retained us to assist him with the unserved jail time. We filed a motion asking the court to end Client’s probation early and declare the unserved 60 days in jail to be null and void for highly technical reasons. On January 1, 2021, Assembly Bill 1950 shortened the maximum length of probation for most misdemeanors to one year. Because imposition of Client’s sentence was suspended (and no imposition or execution of sentence occurred), Client’s 60 day custody obligation was a “term of probation.” The newly amended Penal Code Section 1203a(a) states, "The court may suspend the imposition or execution of the sentence and make and enforce the terms of probation for a period not to exceed one year." By statute, courts explicitly lose enforcement mechanisms for terms of probation after one year in misdemeanor matters. That beneficial change in law was retroactive to cases not yet final on appeal, thereby retroactively terminating Client’s probation on January 1, 2021. The court no longer had jurisdiction to impose a custodial sanction for a failure to fulfill a term of probation. Even if the Court received a letter from the County Sheriff stating that Defendant had failed to appear at the jail, it would not be empowered to issue an arrest warrant from a closed case. And a trial court cannot punish conduct which amounts to a violation of a condition of probation as a contempt of court. (People v. Johnson (1993) 20 Cal. App. 4th 106). The judge agreed. The Judge terminated probation early and ruled that Client would never have to serve the 60 days in jail.

Juvenile law

Juvenile DUI - Dismissed

Jun 21, 2021

OUTCOME: Dismissed

Client was arrested for a violation of Vehicle Code Section 23152, driving while intoxicated. We petitioned for Client to be granted diversion under Welfare and Institutions Code 654.2 based on her goo ... d character, academic record and the non-aggravated nature of the alleged conduct. Because we had obtained what is believed to be the first grant of diversion for a juvenile DUI in SLO County in a previous case, we were uniquely positioned to help our current Client. Our petition was granted by the judge. Client did not admit wrongdoing at any time. Client simply went six months with no new arrests, performed 15 hours of community service, and wrote a 500-word essay. The case was then dismissed at the conclusion of the 180 day diversionary period. The record of the case and the arrest were ordered sealed. That sealing allows Client to truthfully say that she has never been arrested or prosecuted.

DUI and DWI

Restitution Not Owed For Cost of Police Response During DUI Arrest

Jun 16, 2021

OUTCOME: Client Does Not Have To Repay Police

Client had been convicted of a misdemeanor DUI. The arresting agency made a request to the Court for $1,229. That figure represented the 8.5 hours of salary paid to the police officers involved with ar ... resting and booking Client. Calfironia Government Code sections 53150 through 53158 do allow a police agency to recover costs associated with emergency DUI responses. However, we argued that this DUI arrest was not an emergency and secondly, that the police were not entitled to collect money under the criminal restitution framework laid out in California Penal Code Section 1202.4. The judge agreed on both. The restitution request was denied. Client saved $1,229.

Peter Matthew Depew's Legal Cases (186)

DUI - Reduced to Wet Reckless

Battery - Dismissed

Drug Sales - Reduced to Misdemeanor and Expunged

Reckless Driving - Probation Terminated Early / Case Expunged

Driving Under the Influence - Dismissed - Board of Registered Nursing sanctions avoided

Diverting a stream bed - Dismissed

Felony Commercial Burglary - Reduced and Expunged

Unserved 60 Day Jail Sentence Ruled Null and Void

Juvenile DUI - Dismissed

Restitution Not Owed For Cost of Police Response During DUI Arrest