If a person is prosecuted for operating a motor vehicle without a license after entering Texas as a new resident, what must the defendant prove by the preponderance of the evidence?

• A. They resided in the state for more than 90 days
• B. They resided in the state for not more than 90 days
• C. They hold a license from their prior state
• D. They have never previously been charged with a traffic violation

Answer: (B)

In Texas, new residents have a 90-day grace period to obtain a Texas driver’s license while they can still drive with their out-of-state license. The defense in this situation is that the defendant must show, by a preponderance of the evidence, that they resided in the state for not more than 90 days since establishing residency. If they can prove they were within that 90-day window, their driving without a Texas license isn’t outside the allowed grace period, so the charge can be defeated.

Why this is the best choice: proving the residency duration within 90 days aligns directly with the grace period rule. If the person stayed longer than 90 days, the grace period ends and the offense becomes harder to justify. The fact that they hold a license from another state isn’t the defense the statute uses here, and having no prior traffic violations doesn’t affect the need to prove the 90-day limit.