It’s been more than a month since a suspected drunken driver slammed his BMW into a tree in downtown Saratoga outside the Santa Clara County Fire Station, severely injuring himself, totaling the vehicle and causing an estimated $40,000 damage to public property.

Related Articles Saratoga: DA files charges against driver who crashed into city’s holiday tree As of Wednesday evening, law enforcement officials were refusing to identify the driver. No arrest was made or charges filed.

County firefighters extricated the Saratoga man from his vehicle shortly after 2:30 a.m. Jan. 28 after they heard the sound of a collision outside their station on Saratoga-Los Gatos Road at Highway 9, fire and sheriff’s department officials reported. Fire officials said the driver is 25; the sheriff’s department said he is 24. The man was alone in the car and sustained life-threatening injuries but is expected to recover.

The Santa Clara County Sheriff’s Office reported the next day that an investigation concluded the driver was under the influence of alcohol, and the case was referred to the District Attorney’s Office to issue an arrest warrant. Sheriff’s public information officer Sgt. Rich Glennon said the accident is still under investigation and maintained through other county officials the driver’s name is not subject to disclosure under the California Public Records Act.

A request to the District Attorney’s Office more than two weeks ago about the status of the case went unanswered. Office public information officer Sean Webby said March 1 it was difficult to find the case without a name. Upon researching information provided by the Saratoga News, Webby said they located the report but no arrest has been made or charges filed. They also declined to release the driver’s name.

“Meanwhile, when — and if — we charge, we would be happy to let you know,” Webby said in an email.

The refusal to release the driver’s identity under the circumstances is inconsistent with practices by other area law enforcement agencies, including the California Highway Patrol. For instance, the Mercury News reported the following information provided by the CHP on its website Dec. 28, 2016, about a DUI collision that same day:

“The driver of the Golf, identified as 24-year-old Tarick Merssa Dereje, was also taken to the hospital with serious injuries and is expected to survive. Dereje—who is listed as a North Hollywood resident but hails from Cupertino—is suspected of driving under the influence and was formally arrested in what is known as a ‘paper booking,’ and released to the custody of the hospital while she is treated for her injuries.”

Officer John Fransen, public information officer for CHP’s Golden Gate division, acknowledged the practice of “paper booking.” As a courtesy to family in fatal accidents, the agency notifies next of kin before releasing names and other accident details, he said.

“When a suspect in a crime is injured in an accident, we still have to proceed with the booking process for charges they’ve committed,” Fransen said.

So in cases where an investigation at the accident scene indicates a crime has been committed, such as DUI, information is disclosed.

“If we’re recommending charges against the person, they’re going to be considered arrested,” he said.

The Saratoga News’ request for disclosure under the state public records law was denied. Attorneys for the Saratoga News advised law enforcement agencies the name and age of the driver and other incident information is subject to disclosure by law.

Johanna Luerra, a records technician with the Sheriff’s Office, replied to the attorney’s request. Although it doesn’t dispute the obligation to provide the information, the department “has determined that the public release of the information you request in the CPRA request would endanger the successful completion of the investigation.”

Saratoga News’ attorney James Chadwick responded: “The department must establish that disclosure would actually endanger the successful completion of an investigation. Neither Sgt. Glennon nor you have explained why this would occur. Under the circumstances of this incident, which involve a single person who is the driver of a car, who ran into a tree, who is suspected of drunken driving, who was taken to the hospital and was obviously incapable of fleeing, and who apparently was going to be or has been subjected to paper booking through an arrest effected at the hospital, there is no conceivable basis for asserting that disclosure would endanger the successful completion of an investigation. Merely saying that it would is not sufficient, or information required to be made public by statutory mandate could be concealed at the whim of law enforcement officials. In the absence of a cogent and articulated basis for asserting that the successful completion of the investigation of this matter would be endangered, there is no justification for nondisclosure. No such basis has been provided, nor does it appear that it could be.”

Saratoga city officials say the damage estimate and repair costs could change. The BMW destroyed the city’s holiday tree and lights and damaged a fence, wall, planters, the flagpole and electrical equipment.