California Senator Filesโ Claim Alleging Retaliation in DUI Arrest
SACRAMENTO – California Stateโ Senator Sabrina Cervantes (D-Riverside) has initiated legal action againstโค the Sacramento Police Department, โขalleging misconduct andโค retaliation following aโค May car crash. The claim, filedโ Monday,โ centers โคaround Cervantes’ arrest on suspicion of driving โขunder theโฃ influence,โฃ a charge later dropped afterโข a blood โขtestโ revealedโฃ no presence of alcohol or drugs.The incident occured in May whenโค Cervantes’ vehicle was struck by an SUV near the state Capitol.Following the collision,โ Sacramento โpolice interviewed theโ 37-year-old Senatorโฃ forโฃ several hours at Kaiserโ Permanenteโข hospital beforeโ issuing a DUI citation. Prosecutors subsequently declined to file charges after toxicology reports showed “noโข measurable amount of alcohol orโฃ drugs” in Cervantes’ system.
The 11-page filing alleges theโค arrest was motivated โขbyโ Cervantes’ sponsorship ofโข Senateโค Bill 274,โข legislation โขaimed at limitingโ police data โฃretention from automated license plate readers – a billโฃ opposed by over a dozenโข law enforcement agencies.
Cervantes’ claim alsoโข asserts differential treatment basedโ on her identity as a Latina and member of the LGBTQ+ community, contrastingโ her handling with โฃthat of the whiteโ femaleโ driver who allegedly ranโข a stop sign and caused the collision.
“Thisโ is not onlyโค about what happened to me – it’sโ aboutโ accountability,” Cervantes stated inโ aโ prepared release. “No californian should be falsely arrested,defamed,or retaliated againstโฃ becauseโค of who theyโฃ are or โฃwhat they โคstand for.”
Attorney โฃJames Quadra, representing Cervantes, stated theโ police attempted to โข”destroy the reputation of an exemplary member of the state Senate,” citing false โฃarrest, intentionalโค infliction of โemotional distress, and defamation as key components of the alleged “egregious misconduct.”
The Sacramento Police Department declinedโ to comment, โciting the pending litigation.
According to the filing,police initially told reporters they had “observed objective โคsigns of intoxication” during theirโ interaction โฃwith Cervantes at the hospital.Cervantes contends officers requested she undergo a โfield sobriety test focusing on eye movements – a method โขshe describesโ as “less accurate and subjective” than the blood test she requested.
The filing further alleges discrepancies in the handling of bodyโ camera footage. One officer reportedly deactivated โฃtheir cameraโ for approximately fiveโ minutes while on a personal โphone call, and theโ department has not โprovided footage from a sergeantโข who was also present at the hospital.
Cervantes, who represents the โค31st Senate District and chairs the Senate elections committee, has consistently maintained her innocence since theโ crash.