Attorney Peter Matthew Depew's Legal Cases

DUI and DWI

Active Duty Air Force - DUI dismissed for reduction to wet reckless

Jan 28, 2021

OUTCOME: DUI Charges Dismissed - Wet Reckless

Client was arrested after a minor traffic collision. His blood sample came back as a 0.11 percent. He was charged with DUI. We had a private laboratory re-test the blood sample and it returned as a 0.0 ... 9 percent. Based on this drop, we were able to convince the DA to dismiss the DUI and allow client to plea to the reduced charge of reckless driving. Client avoided a driver's license suspension with this resolution.

Criminal defense

Drunk in Public - Dismissed

Dec 11, 2020

OUTCOME: Dismissed

Client was charged with being drunk in public in violation of California Penal Code section 647(f). Client had resolved several criminal cases six months prior in a "global disposition." We argued that ... the offense date on the new case predated the current grant of probation and it would be a fair outcome to dismiss the new case because it would have been included in the earlier global disposition if the case had been filed at the time. The DA agreed and the case was dismissed.

Criminal defense

Probation Violation (Failure to Surrender to Jail) - Dismissed

Nov 25, 2020

OUTCOME: Dismissed

Client was charged with violating her DUI probation by not serving the two day jail sentence. We informed the judge that Client had mistakenly performed eight hours community service in her home county ... without the authorization of the SLO Sheriff. We also informed the judge that the court had made an error in the computation of custody credits already accrued, shorting Client of at least one day. We argued given the difficulty of travel during the lockdown, the court should adjust Client's credits to 2 days previously served. The court agreed. The arrest warrant was recalled. The probation violation was dismissed.

Criminal defense

Child Endangerment - Reduced

Nov 19, 2020

OUTCOME: Child Endangerment Charge Dismissed

Client was arrested for felony child endangerment for driving on the Oceano Dunes that a park ranger considered unsafe with an unrestrained child. Client was charged with misdemeanor child endangerment ... . We provided cell phone video of the driving in question as well as meticulous photographic documentation of safety precautions Client had always taken with his children when off-roading. The charge of child endangerment was dismissed and client plead no contest to reckless driving. He was not required to serve custody time or attend any classes. He was given 18 months of informal probation and a fine.

Criminal defense

Criminal Restitution Amount Reduced by $26,000

Nov 16, 2020

OUTCOME: Restitution reduced by 66 percent

Client was convicted of embezzlement. Client's former employer submitted a claim for criminal restitution in the amount of $39,000. Client had previously signed a "promise to pay" of $39,000. We stated ... in court that we believed the true amount of restitution to be $13,000. We refused to stipulate to the higher amount. Over a period of three months, the DA came around to our position that the proper amount was $13,000 based on all available evidence. We then stipulated to that amount, saving Client $26,000.

Criminal defense

Battery - Dismissed

Nov 10, 2020

OUTCOME: Dismissed

Client was charged with battery for allegedly punching a bouncer. Client was a veteran of the US military and seeking to enter a profession requiring extensive background checks. The DA agreed to offer ... diversion in which Client would never admit wrongdoing and the case would be dismissed. Client successfully completed a four hour class and the case was dismissed.

Cannabis Law

Petition to smoke cannabis on probation - Granted

Oct 22, 2020

OUTCOME: Petition Granted

Client reported being told by his probation officer that he would not be permitted to smoke cannabis. We filed a motion under Penal Code section 11362.795(a) seeking an order from a Superior Court judg ... e clarifying that Client is authorized to use cannabis while on probation. The motion was granted and Client became authorized to use cannabis the same day.

Expungement

Arrest Sealed

Oct 21, 2020

OUTCOME: Arrest Sealed

Client was arrested for possession of a fake ID. Client completed pre-filing diversion. No criminal case was filed against Client. We moved to seal the arrest under California Penal Code section 851.87 ... . That motion was granted. Client can now truthfully state that he has never been arrested.

Expungement

Littering - Dismissed

Oct 07, 2020

OUTCOME: Dismissed

Client was charged with littering in violation of Paso Robles Municipal Code Section 9.04.070. Client failed to appear at arraignment six years ago and a judgment was entered against him. The fine was ... sent to collections where it doubled to nearly $1,000. We petitioned to have the charge and fine dismissed in furtherance of justice because Client had suffered a serious brain injury subsequently and had profound amnesia. We argued that there was no rehabilitative value in someone paying a fine when they did not remember committing the offense. The court agreed and the case was dismissed.

Criminal defense

Shoplifting - Dismissed

Oct 05, 2020

OUTCOME: Dismissed

Client was charged with shoplifting sunglasses. Client denied the allegation throughout. The case against him was predicated on a pair of sunglasses that was missing when an inventory was conducted sho ... rtly after he left the store. However, several other people were in the store at that time. The store claimed to have the theft captured on video but the video that the police obtained via email was so compressed as to be of no value. When the police attempted to re-obtain the original video file some months later, it had been deleted. We provided the DA with video showing that Client typically wears his reading classes on top of his head. As such, the movement in controversy on the blurry video was likely Client interacting with his own glasses so that he could try on sunglasses in the store. After eight months in court, the case was dismissed for lack of evidence on the date it was to be set for jury trial.

Peter Matthew Depew's Legal Cases (186)

Active Duty Air Force - DUI dismissed for reduction to wet reckless

Drunk in Public - Dismissed

Probation Violation (Failure to Surrender to Jail) - Dismissed

Child Endangerment - Reduced

Criminal Restitution Amount Reduced by $26,000

Battery - Dismissed

Petition to smoke cannabis on probation - Granted

Arrest Sealed

Littering - Dismissed

Shoplifting - Dismissed