California Senator Files Claim Alleging Retaliation in DUI Arrest
SACRAMENTO – California State Senator Sabrina Cervantes (D-Riverside) has initiated legal action against the Sacramento Police Department, alleging misconduct and retaliation following a May car crash. The claim, filed Monday, centers around Cervantes’ arrest on suspicion of driving under the influence, a charge later dropped after a blood test revealed no presence of alcohol or drugs.The incident occured in May when Cervantes’ vehicle was struck by an SUV near the state Capitol.Following the collision, Sacramento police interviewed the 37-year-old Senator for several hours at Kaiser Permanente hospital before issuing a DUI citation. Prosecutors subsequently declined to file charges after toxicology reports showed “no measurable amount of alcohol or drugs” in Cervantes’ system.
The 11-page filing alleges the arrest was motivated by Cervantes’ sponsorship of Senate Bill 274, legislation aimed at limiting police data retention from automated license plate readers – a bill opposed by over a dozen law enforcement agencies.
Cervantes’ claim also asserts differential treatment based on her identity as a Latina and member of the LGBTQ+ community, contrasting her handling with that of the white female driver who allegedly ran a stop sign and caused the collision.
“This is not only about what happened to me – it’s about accountability,” Cervantes stated in a prepared release. “No californian should be falsely arrested,defamed,or retaliated against because of who they are or what they stand for.”
Attorney James Quadra, representing Cervantes, stated the police attempted to ”destroy the reputation of an exemplary member of the state Senate,” citing false arrest, intentional infliction of emotional distress, and defamation as key components of the alleged “egregious misconduct.”
The Sacramento Police Department declined to comment, citing the pending litigation.
According to the filing,police initially told reporters they had “observed objective signs of intoxication” during their interaction with Cervantes at the hospital.Cervantes contends officers requested she undergo a field sobriety test focusing on eye movements – a method she describes as “less accurate and subjective” than the blood test she requested.
The filing further alleges discrepancies in the handling of body camera footage. One officer reportedly deactivated their camera for approximately five minutes while on a personal phone call, and the department has not provided footage from a sergeant who was also present at the hospital.
Cervantes, who represents the 31st Senate District and chairs the Senate elections committee, has consistently maintained her innocence since the crash.