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Can I Beat a Drug Charge If Police Found Substances in My Car?

Law Offices of William W. Bruzzo

Police found drugs in your car during a traffic stop, and now you face possession charges in Orange County. You may wonder if you have a defense, especially when they discovered the substances. The answer depends on whether the search was lawful, who had access to the vehicle, and whether prosecutors can prove your knowledge and control. 

At The Law Offices of William Bruzzo, our experienced Orange County criminal defense attorney evaluates these factors early to protect your rights and fight your charges effectively.

When Police Searches Violate Your Fourth Amendment Rights

Not every vehicle search is legal. Police need either your consent, probable cause, or a search warrant. Understanding your Fourth Amendment rights and vehicle search law is critical to challenging drug charges. If they lacked legal justification, we file motions to suppress the evidence. Without the drugs as evidence, prosecutors must dismiss charges.

Orange County police often conduct illegal searches during routine traffic stops. An officer pulls you over for a broken taillight, then asks to search your vehicle. You say no, but the officer searches anyway, claiming he “smelled marijuana.” This is a common Fourth Amendment violation.

Police cannot search based solely on refusing consent. They need independent probable cause, actual observations of contraband, legitimate smell of drugs, or other specific facts suggesting criminal activity. We also challenge searches incident to arrest. Police can search vehicles only if you’re arrested and within reaching distance, or if they have reasonable belief evidence of the arrest offense is in the vehicle.

How Knowledge and Control Affect Vehicle Drug Possession Charges in Orange County

Finding drugs in a car does not automatically prove possession. California law requires prosecutors to prove knowledge and control. Understanding common defenses to drug possession charges shows that Fourth Amendment violations and shared vehicle access are powerful defenses.

  • If drugs were in the trunk while you were just giving someone a ride, you can argue you didn’t know about them.
  • If multiple people had access to the vehicle, prosecutors must prove the drugs were yours.
  • If drugs were in a passenger’s bag or under a seat, your defense can show you had no knowledge.

Shared vehicle defenses work especially well for roommates, family, or partners. An Orange County criminal defense attorney can present evidence showing others had access, creating reasonable doubt about your possession.

Challenging Constructive Possession Charges in California Drug Cases

Prosecutors often charge “constructive possession” when drugs aren’t physically on you. They must prove you had knowledge of the drugs’ presence and the right to control them. We challenge constructive possession by showing the drugs were in areas you don’t control, containers belonging to others, or locations suggesting someone else placed them there.

Small amounts of drugs also create reasonable doubt about possession for sale. If charged with possession for sale based on quantity, we argue the amount is consistent with personal use. We challenge lab testing, were the substances actually illegal drugs? Lab errors happen, and we demand proper chain of custody documentation.

Speak With an Orange County Criminal Defense Lawyer Today

Drug charges from vehicle searches are beatable when police violated your rights or prosecutors cannot prove knowledge and control. The Law Offices of William Bruzzo has defended drug cases in Orange County for 30 years, and we know how to challenge illegal searches and weak possession evidence.

Call (714) 547-4636 or contact us online to speak with an Orange County criminal defense lawyer who will review your case and fight to beat your drug charges.

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“I was pulled over for not having license plates on my car. The reason for that was because it was new. When the Officer pulled me over, he claims to have smelled marijuana and he began to ask me questions. I admitted to smoking marijuana earlier in the...

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“I was arrested and charged with Penal Code Section 273.5(a) [Domestic Violence with Traumatic Injury]. Unfortunately, some of my actions were caught on video. In addition, an infant was present during the incident. My family hired Attorney Will Bruzzo to...

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“I was charged with two counts of Vehicle Code 23109.1 [Engaging in a Speed Contest Causing Specified Injury] as a felony; two counts of Vehicle Code 23105(a) [Reckless Driving Causing Specified Injury], one count of Penal Code Section 368(b)(1) [Elder and...

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