State vs. Russell Snider

The Defendant, Russell Snider, was convicted by a jury of third offense driving under the influence (DUI). He was sentenced to eleven months, twenty-nine days, with four months and twenty-nine days suspended. In this appeal as of right, the Defendant asserts (1) that he was prejudiced by the video recording of his performance of field sobriety tests because the video recording depicts an unqualified officer performing the horizontal gaze nystagmus test and (2) that the DUI sentencing statute is void for vagueness because it fails to give a person of ordinary intelligence fair notice that his or her conduct is forbidden by the statute. We hold that the Defendant was not prejudiced by the admission of the video and that the DUI sentencing statute is not void for vagueness. Therefore, we affirm the judgment of the trial court.