Cervantes has filed a claim against the City of Sacramento after police wrongly cited her for driving under the influence following a May car accident.
SACRAMENTO, Calif. — On Monday, California State Senator Sabrina Cervantes filed a claim against the City of Sacramento. This comes after police cited her in May on suspicion of driving under the influence.
Her attorney said Cervantes was falsely accused and that the incident caused her emotional distress and damaged her reputation.
“This is not only about what happened to me, it is about accountability, and if this could happen to me, this can happen to anyone,” said State Senator Sabrina Cervantes.
Cervantes delivered stern words Monday afternoon after taking legal action against the City of Sacramento.
Her attorney, Jim Quadra with Quadra & Coll, filed a government claim almost four months after Sacramento police cited her on suspicion of driving under the influence of drugs on May 19th.
This was following a car accident at 14th and S streets.
Surveillance video was shared by her attorney’s office for the first time, where you can see Cervantes driving her black state-owned vehicle.
“On Monday, May 19th, I was a victim of a traffic collision. My sedan was T-boned by a large SUV that ran through a stop sign. While I was seeking care in the emergency room, I was falsely accused of driving under the influence and detained for several hours at the hospital,” said Cervantes.
Her attorney says police approached her without warning, and that she was wearing her sunglasses while sitting inside the waiting room at the hospital.
“They then tried to change that narrative to say that because she was wearing sunglasses, somehow that was some indication that they had the right to assume she was under the influence, which is ridiculous,” said Quadra
But Quadra says she then agreed to a blood test after telling police she first needed to speak with her attorney.
Her attorney Jim Quadra says, despite there being clear evidence that there was no probable cause for the arrest and that the senator was completely sober, police still falsely accused her.
“Motivated by retaliation against the senator for her political work against the misuse of license plate readers that have been criticized throughout the state because of law enforcement abuse. We also believe that the claim is in part motivated by bias against the senator because of our identity as a Latina member of the LGBTQ+ community,” said Quadra.
Back in May, ABC10 requested the body camera footage from officers present at the scene. But they responded by saying the records are part of an active traffic investigation and, therefore, are exempt from disclosure under the California Public Records Act.
Quadra says he and his client are reviewing the video before releasing it either later this week or next week.
“We’re also troubled by the fact that the cam footage was actually cut and that, that, that this officer Foster cuts the audio and, and the video, and then there’s a conversation with a superior officer about what’s going on and then comes back after that and says we’re gonna get a warrant regardless,” said Quadra.
ABC10 reached out to Sacramento police, but they declined to comment due to pending litigation.
The Sacramento County District Attorney’s Office also sent us this statement:
“Regarding the arrest of Sabrina Cervantes, we received the toxicology results from her blood sample that was obtained on the day of the accident.
The toxicology results were negative for any measurable amount of alcohol or drugs. We have reviewed all the submitted evidence, including police reports, witness statements, and laboratory results. Based on our ethical duty and the burden of proof in a criminal trial, the Sacramento County DA’s Office declined to file any criminal charges in this case.
Our office has not received a complaint regarding this matter, and we have no involvement in this civil lawsuit.”
Cervantes’s attorney says the city has 45 days to respond to the claim or extend the period of time to speak to Cervantes and agree on negotiations.
Otherwise, they will move forward with the lawsuit.