Spring Grove man accused of DUI for an 8th time denied pretrial release under the new SAFE-T Act

A Spring Grove man held in the McHenry County jail since April on accusations of driving drunk for an eighth time was denied pretrial release under provisions of the new SAFE-T Act.

Mark Friske, 64, is charged with three counts of driving under the influence, Class X felonies, and aggravated DUI on a suspended or revoked license, according to McHenry County court records.

If convicted of the Class X felonies, he could face up to 30 years in prison.

Last month, his attorney, Assistant Public Defender Kyle Kunz, filed a petition for Friske’s pretrial release with conditions under the new law, also called the Pretrial Fairness Act, which was denied.

An order filed Tuesday and signed by McHenry County Judge James Cowlin stated “continued detention is necessary.”

Friske, who was determined to be indigent, has filed a motion to be appointed a public appellate attorney to review his case.

He also is charged with driving without a license for a 14th time, according to the indictment filed in the McHenry County courthouse.

In arguing that he be held in the county jail until his trial, Assistant State’s Attorney Maria Marek said in her petition that Friske “poses a real and present threat to the safety of any person or persons or the community.”

When arrested, Friske allegedly “admitted” to the officer that he was driving illegally and made statements such as “‘you got me,’ indicating that he knew he shouldn’t be behind the wheel,” according to Cowlin’s ruling denying Friske’s release.

“The defendant was driving a vehicle without any right or privilege to do so,” the ruling said. “The defendant’s release would result in a danger to the community because there is nothing to show that he will not get back behind the wheel upon release.”

Prior to the Pretrial Fairness Act, which took effect Sept. 18 and no longer allows cash bail to be set or posted as a condition of release from county jail while a defendant awaits trial, Cowlin denied Friske a bond reduction from his then $150,000 bond.

According to the indictment and complaints filed by the McHenry County Sheriff’s Office, on or about Jan. 7, Friske was driving an uninsured 1999 Ford pickup truck near the area of Route 31 and Dakota Drive under the influence of alcohol and an “other drug or drugs or intoxicating compound to a degree that rendered [the] defendant incapable of safely driving.”

He was pulled over by police after crossing the center line “several times,” according to the complaint filed by a sheriff’s deputy.

Friske also refused to submit to a breath test when he was pulled over, according to the deputy’s report.

“He stated he had too much to drink,” the officer wrote, adding that Friske’s eyes were bloodshot and he smelled of alcohol. Friske also told the arresting officer that he had “just left the bar” and “had several drinks,” the officer wrote.

Friske has seven past violations of DUI dating back to 1985, according to the indictment.

According to the indictment, Friske was convicted in McHenry County of DUI three times in 1985, two times in 1990 and once in 1993, as well as once in 1989 in Cook County.

Friske also has 13 previous convictions for driving with a revoked or suspended license, according to the indictment.

Friske is due back in court on Nov. 7.