I guess any alcohol in the beverage counts? It's 0.4% and is marketed as a non-alcoholic beverage but is still sold in the alcohol section of a market or store. I think it's pretty lame, but if the law is written as no tolerance for an open container behind the wheel then there's the answer. Besides, the Po. Ball probably needed some extra party favors this year.
The Judge failed but so did the defendant by pursuing his right to appeal in the prescribed time. He probably would have had the conviction overturned had he done the right thing but he failed miserably by just blowing it off. Now, it would seem to be nothing more than sour grapes.