TexasCHLforum.com

Something else stood out to me.

(b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense.

If the can was dry, (bone dry), seems to me he would have had a problem proving you knew it was behind the seat.