Q: What do the state have to prove if illegal substance found in Vehicle and driver nor passager was aware of it..yet both
Was charge with intent delivery...
A:
Possession can be actual or constructive. Knowledge can be established with circumstantial evidence (e.g. if something was found on the dashboard, a fact-finder - the jury - can infer that you were aware of it.
As a very general proposition, a driver is responsible for anything in the car. So unless it's clearly the passenger's, the driver will be on the hook at least.
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