Loftus v. District of Columbia

Fisher, Associate Judge:

Appellant Rachel E. Loftus, who was convicted of operating a motor vehicle while her District of Columbia driver’s license was suspended,1 contends that the trial court improperly omitted the element of mens rea when instructing the jury. Appellant asserts that the government should have been required to prove “that she knew or had reason to know that her license was suspended before she was arrested.” The District of Columbia responds that the operating after suspension (OAS) statute creates a strict liability offense, and that mens rea need not be proven. We conclude…