Yes, but the jury will be asked to decide the question of whether the accused had an open container, of which there will be little doubt. A jury could decide t

Yes, but the jury will be asked to decide the question of whether the accused had an open container, of which there will be little doubt. A jury could decide that it's a case of selective malicious prosecution and acquit the accused despite believing them to have committed the crime, but that's uncommon and a much bigger reach than a jury weighing whether the accused was engaged in disorderly conduct because they're charged with disorderly conduct.