In People v. Gingras, 22 Misc 3d. 22 [App. Term, 2d Dept., 2008], the defendant was arrested for Driving While Intoxicated. The Justice Court granted suppression of evidence and the People appealed. In reversing and denying defendant's motion to suppress evidence, the Appellate Term held, " we find the People established probable cause for defendant's arrest, at the very least, for driving while impaired in violation of VTL 1192(1), although defendant was not specifically so charged. The legality of an arrest .is not conditioned upon whether the arresting officer specified the correct subdivision of VTL 1192, or upon his belief as to which subdivision has been violated. All that is required is that the officer have had a reasonable cause to believe that defendant had violated VTL 1192 ."