A California state senator alleges that police officers fabricated evidence to falsely accuse her of driving under the influence after she was T-boned at an intersection near the state Capitol.
Their motive, she claims, was discriminatory bias and a piece of legislation she wrote that law enforcement agencies did not like.
Now, she is suing the city of Sacramento alleging “a deliberate and unlawful campaign to falsely accuse, arrest, and discredit her.”
On Monday, state Sen. Sabrina Cervantes (D-Riverside) filed a federal lawsuit against the city as well as the police officers who cited her for driving under the influence in May. The Sacramento district attorney’s office declined to file charges after a blood test showed there were no traces of drugs or alcohol in her system.
Cervantes accuses officers of pushing forward with an arrest despite lacking probable cause and building a case against her based on false statements. She said officers submitted false information to the DMV, forcing her to retain a lawyer to stop her license from being suspended or revoked, according to the complaint.
The Riverside County legislator alleges that this conduct was in retaliation for a bill she authored seeking to restrict how law enforcement agencies store and use data from automatic license plate readers. She claims that officers discriminated against her as an LGBTQ Latina woman and provided more respectful treatment to the white woman who was at fault in the crash.
Cervantes further alleges that unknown parties within the Sacramento Police Department leaked news of her arrest to the press in a deliberate attempt to tarnish her reputation. Representatives for both the city and the Police Department said Monday that they were unable to comment on pending litigation.
“This case is about the abuse of power,” Cervantes’ attorney James Quadra said in a statement Monday. “Officers ignored the facts, fabricated evidence, and tried to turn a victim into a criminal.”
In September, Cervantes filed a government claim against the city, a necessary precursor to taking further legal action. Her lawsuit, filed in the District Court for the Eastern District of California, seeks damages for violations of federal civil rights and state law, including false arrest, unlawful search and seizure, and defamation.
The crash took place at 12:55 p.m. on May 19, 2025, when Cervantes’ car was hit by a driver who failed to yield to the right of way at an intersection in downtown Sacramento. The state senator was transported to a nearby hospital for treatment where officers met and interviewed her for hours, according to the complaint.
The complaint alleges that “despite clear damage to the vehicles showing that the other driver, a young white woman, had t-boned Senator Cervantes’ vehicle” the responding officer “treated the at-fault driver with a deference and respect which was not accorded to Senator Cervantes.”
At the hospital, one of the officers requested that Cervantes submit to a “subjective sobriety test” that included measuring her eye’s response to stimuli, according to the complaint. Cervantes said she was troubled by this request given that she broke no traffic laws and was the victim of a dangerous driver.
In order to obtain a warrant to obtain a blood draw, the officer “falsely claimed that Senator Cervantes had an unsteady gait, slurred speech, and an appearance of drowsiness,” the complaint alleges.
After news of the crash became public, a spokesperson for the Sacramento Police Department told reporters that “based on the objective signs, officers believed that Cervantes was under the influence of a central nervous system depressant.” Redacted test results Cervantes chose to share with the media showed she had a near-zero blood alcohol level, and the district attorney declined to file charges later that month.
Her lawsuit accuses parties within the Police Department of falsely telling the media she was driving under the influence “with the intent to harm Senator Cervantes because of her sponsorship of SB Bill 274 and her status as a Latina member of the LGBTQ+ community.”
The bill sought to restrict law enforcement’s use of automatic license plate readers, following concerns that the technology was being used to violate driver’s privacy and that data was being unlawfully shared with agencies outside of the state.
Civil liberty groups such as the ACLU have demanded that California police stop sharing automatic license plate reader data with out-of-state agencies that could use it to prosecute women traveling to seek abortion care.
In June, an investigation by Calmatters found that law enforcement agencies across Southern California, including the Los Angeles Police Department, violated state law by sharing information from automated license plate readers with Border Patrol and Immigration and Customs Enforcement agents.
Senate Bill 274 passed the state Senate and Assembly but was vetoed in October by Gov. Gavin Newsom, who sided with law enforcement agencies that expressed concerns over how the bill could hinder their ability to solve crimes.
The bill would have limited the lists agencies could use to monitor for certain cars, required enhanced data security and privacy training for officers and mandated that certain data be deleted after 60 days.
In a letter explaining his veto, Newsom wrote that the bill “failed to strike the delicate balance between protecting individual privacy and ensuring public safety.” He noted that, in instances such as cold cases, license plate data are needed to solve crimes beyond a 60-day window.