909-500-4819
Call Us Now
Email Us Now
Most people facing a DUI charge in Redlands assume the case goes one direction: forward to conviction. But California law gives defendants a powerful, underused tool to challenge those charges before trial even begins. The California Racial Justice Act, commonly known as the CRJA, is reshaping how DUI cases can be contested in San Bernardino County, and knowing how to use it could be the difference between a conviction and a dismissal.
What Is the California Racial Justice Act?
The California Racial Justice Act (CRJA), enacted through Assembly Bill 2542, prohibits the state from seeking or obtaining a criminal conviction or sentence based on race, ethnicity, or national origin.
California’s Racial Justice Act (AB 2542) took effect on January 1, 2021, for new criminal cases. The Legislature later extended its application to judgments entered before January 1, 2021, through AB 256, with a phased rollback period for those retroactive claims. The law is codified at California Penal Code sections 745 through 745.6.
Under Penal Code section 745, a defendant can file a motion to dismiss, or to obtain other relief, by showing that race, ethnicity, or national origin was a “significant factor” in any of the following:
- A charging or plea offer decision by a prosecutor
- A jury selection decision
- A judge’s exercise of discretion during the case
- The conduct of a state or local law enforcement officer during the investigation or arrest
This is not a theoretical remedy. Courts have already seen CRJA motions litigated across California, and the statute’s language is intentionally broad. It was designed to catch systemic patterns, not just isolated misconduct.
How Does This Apply to DUI Cases in San Bernardino County?
DUI enforcement in San Bernardino County has specific geographic and demographic patterns that may support a CRJA motion in the right case.
DUI checkpoints, patrol patterns, and enforcement priorities are not uniformly distributed. In cities like Redlands, Fontana, and San Bernardino, traffic enforcement data can reveal whether officers disproportionately stopped, tested, or arrested drivers of a particular race or national origin. If that data shows a “significant factor” pattern, Penal Code section 745 gives defense attorneys a mechanism to act on it.
The statute does not require proof that an officer or prosecutor acted with intentional racial animus. Depending on the type of alleged violation, statistical evidence, discriminatory language, or other admissible evidence may be sufficient to establish a violation under Penal Code section 745. Under section 745(a), a defendant can prevail by showing statistical disparities, use of racially discriminatory language, or other evidence suggesting race played a role, even if unintentionally. That lower threshold matters enormously in DUI cases, where the decision to stop a vehicle, administer a field sobriety test, or call for a blood draw often rests entirely in one officer’s discretion.
Understanding how selective prosecution and racial bias intersect in DUI enforcement is the foundation of any credible CRJA argument in San Bernardino County.
Practical Steps for Filing a CRJA Motion to Dismiss
To file a CRJA motion in San Bernardino County Superior Court, you must follow specific procedural steps and meet evidentiary thresholds before the hearing.
This process is not a form you fill out and hand to the clerk. It requires deliberate preparation, compelling evidence, and precise execution. Here is how the process works in practice.
Step 1: Gather Statistical and Evidentiary Evidence
Under Penal Code section 745(c), a defendant must make a prima facie showing that a violation occurred before the court is required to hold an evidentiary hearing. That means building a record before you ever walk into San Bernardino County Superior Court.
Evidence may include:
- Stop, citation, and arrest data from the relevant law enforcement agency, broken down by race
- Body camera footage from the arresting officer
- Records of prior complaints against the officer for racially biased conduct
- Statements made during the stop or booking process
- Expert testimony on statistical disparities in local enforcement
Public records requests under the California Public Records Act (Government Code section 7920.000 et seq.) are often the starting point. This is where preparation, and frankly a deep knowledge of what to ask for, separates effective counsel from ineffective counsel.
Step 2: File the Written Motion
The CRJA motion must be filed with the San Bernardino County Superior Court with sufficient notice to the prosecution. The motion must clearly articulate the legal standard under Penal Code section 745(a), specify which type of violation is alleged (charging decision, law enforcement conduct, etc.), and attach supporting evidence or declarations. A vague, conclusory motion will not survive scrutiny.
Step 3: Prepare for the Evidentiary Hearing
If the court finds a prima facie case, it schedules an evidentiary hearing. If the court finds the defendant has made the required prima facie showing, it will hold an evidentiary hearing where both parties may present evidence and examine witnesses. The defendant ultimately bears the burden of proving a violation of the California Racial Justice Act by a preponderance of the evidence.
Cross-examining the arresting officer, presenting statistical experts, and introducing evidence of patterns of bias in DUI stops can all shape the outcome of that hearing.
Step 4: Seek the Appropriate Remedy
Under Penal Code section 745(e), available remedies include dismissal of the charge, a bar on seeking the death penalty, or other relief the court deems appropriate. In a DUI case, dismissal is the most powerful outcome.
Why This Matters for Redlands Drivers Right Now
The CRJA is still a developing area of law. Courts across California are still working through what qualifies as sufficient prima facie evidence, what statistical methodologies are acceptable, and how broadly the “significant factor” standard reaches. That means the attorneys who understand this statute deeply, who have actually litigated it, hold a real advantage over those who are still learning it from the outside.
At Patrick Silva, Attorneys at Law, our attorneys stay current on developing DUI defense strategies, including litigation under the California Racial Justice Act, and we work to identify every viable defense available to our clients. If you were arrested for DUI in Redlands or anywhere in San Bernardino County and believe bias played a role in your stop or prosecution, call us at 909-500-4819 or contact us to discuss whether a CRJA motion belongs in your defense.
