The attorney for Cincinnati Bengals WR Chris Henry got a Clermont County court to toss out the results of a Breathalyzer test in the drunken-driving case against him. He’ll still be tried on a charge of operating a vehicle under the influence of alcohol – and he could be suspended for at least two games by the National Football League if found guilty. At the request of the prosecution, Municipal Court Judge Victor M. Haddad signed off on the dropping of the results of the test, which had indicated Henry had a blood-alcohol level of .092 percent when pulled over in Union Township on June 3 by the Ohio State Highway Patrol. Henry’s license was suspended automatically because he tested above Ohio’s legal limit of .08 when taken to the Milford Police Department. Assistant Clermont County Prosecutor Carol Rowe told the judge that she had concluded the test results were unreliable. Henry’s attorney, Edward C. Perry, spent months of legal maneuvering to discredit the test. However, the court will still hear the testimony of the arresting officer, State Trooper Michael T. Shimko, during a jury trial Haddad set for Feb. 15. Henry, 23, of Florence, also faces a charge of driving a 1984 passenger car 82 miles an hour along a section of Interstate 275 where the speed limit is 65 mph.
