Peter Matthew Depew

Peter Matthew Depew's Legal Cases (186)

San Luis Obispo, CA

Criminal defense Lawyer at San Luis Obispo, CA

Practice Areas: Criminal Defense, Mediation ... +2 more

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DUI and DWI

DUI Probation Terminated Early - Military Reenlistment Now Viable

Jun 10, 2020

OUTCOME: Probation Terminated Successfully and Two Years Early

Client had two years remaining on his grant of probation for a misdemeanor DUI. Any type of probation, even informal probation, is typically a bar to reenlistment in the military. We worked with Client ... 's chain of command and the assigned judge to renegotiate for an early and successful termination of probation. We utilized Client's deployment to assist with civil unrest in Los Angeles to satisfy an unfulfilled work-service obligation. Client is now eligible for immediate expungement.

Domestic violence

Restraining Order Hearing - Case Dismissed

Feb 20, 2020

OUTCOME: Case Dismissed - Client Prevails

A temporary restraining order was granted against Client. Subsequently, we were retained to oppose Client's ex-boyfriend's petition for a permanent domestic violence restraining order. Shortly before t ... he family court trial, we informed the ex-boyfriend's attorney that we were in possession of multiple distasteful messages left by the ex-boyfriend. Opposing counsel withdrew the request for a restraining order and the case was dismissed. The temporary restraining order expired and no permanent restraining order was created.

DUI and DWI

Driving With A Suspended License - Dismissed

Feb 19, 2020

OUTCOME: Dismissed

Client was charged with misdemeanor driving while his license was suspended in violation of California Vehicle Code Section 14601.5. Client -reobtained his California Driver's License shortly after the ... first court date. The criminal charge was dismissed and client was able to plead to a non-criminal speeding ticket.

DUI and DWI

Oceano Sand Dunes DUI on ATV Reduced to Wet Reckless

Feb 13, 2020

OUTCOME: DUI Charges Dismissed

Client was charged with drunk driving in violation of Vehicle Code section 23152. Client was alleged to have been stopped for driving too near the waterline along the ocean. We obtained declarations fr ... om Client's friends describing consumption of alcohol consistent with BAC below .08 percent. When combined with the lack of poor driving and low breath-test numbers, an agreement was reached with the DA to dismiss the DUI charges and allow Client to plead to a reduced charge of wet reckless

DUI and DWI

DUI w/ Child Endangerment - Criminal Case Rejected / License Reinstated

Nov 15, 2019

OUTCOME: No Prosecution / Driver's License Reinstated

Client was arrested for driving under the influence of alcohol with his young child in the vehicle. Police received a call from a disgruntled co-parent stating that Client had taken the child and drive ... n away while highly intoxicated. Client was pulled over and he provided breath samples all under .08 percent BAC. Nonetheless, Client was arrested despite no evidence of unsafe driving being observed. We prepared a mitigation packet for Client prior to the first court date highlighting defects in the case against Client. The DA then rejected criminal charges and the first court date was vacated.

Sex crime

Unlawful Intercourse - Dismissed

Nov 13, 2019

OUTCOME: Dismissed

It was alleged that in the early 1990s, Client had sex with a 17-year-old who was 3 years his junior. The case had been in a warrant status for more than 25 years. We placed the matter on calendar to r ... ecall the warrant and set the matter for jury trial. The police and prosecution were unable to find the underlying police report. As such, they were unaware of the police officers involved, the name of the alleged victim, or whether the alleged victim desired prosecution. The case was dismissed when the DA could not be ready for the start of trial.

DUI and DWI

Felony DUI Re-Sentencing - Client Released from Jail

Nov 04, 2019

OUTCOME: Client Immediately Released from Jail

Client had been convicted of a felony DUI w/ Injury in 2015 in another county and was currently serving a 12-month jail sentence for a second felony DUI in 2019. After reviewing the case summary in the ... earlier case, we filed a motion arguing that Fresno County had inadvertently reduced Client's felony DUI conviction to a misdemeanor. We argued that because Client's probation terminated with a local jail sentence instead of a local prison sentence, the first DUI conviction was no longer a felony when the second DUI occurred. We argued that the second DUI could only be charged as a misdemeanor because there was no injury and no prior felony convicted. Client was released from jail that day, four months early.

Domestic violence

Domestic Violence US Service Member - Dismissed

Oct 22, 2019

OUTCOME: Dismissed - Client not involuntarily separated from US Military

Client was charged with spousal battery. A conviction would have effectively ended her military career. We obtained a statement from the alleged victim correcting inaccuracies in the initial police rep ... ort. We also obtained a police report from another jurisdiction implicating the alleged victim. After discussing the case with a conscientious prosecutor the case was dismissed for problems of proof. Client will not be involuntarily separated from the military.

Criminal defense

Obstructing the Police - Dismissed

Oct 16, 2019

OUTCOME: Dismissed

Client was charged with resisting / delaying / obstructing a peace officer in violation of Penal Code Section 148(a)(1). Client was alleged to have pulled a recent arrestee away from multiple police of ... ficers. We obtained the body camera video. It showed that the police were delayed for exactly eight seconds and that Client was not acting unreasonably in light of the emotional nature of the arrest. The case was dismissed as part of broader negotiations.

Licensing

Driving without a License - DISMISSED

Oct 01, 2019

OUTCOME: Dismissed

Client was charged with driving without a license in violation of Vehicle Code Section 12500(a). We filed a motion to dismiss based on defense contained in Vehicle Code Section 12951. The court dismiss ... ed the case against our client.

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