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Rachel E. Loftus v. District of Columbia

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Argued October 6, 2011

Before FISHER and BLACKBURNE-RIGSBY, Associate Judges, and STEADMAN, Senior Judge.

Appellant Rachel E. Loftus, who was convicted of operating a motor vehicle while her District of Columbia driver‟s license was suspended,*fn1 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 that we are bound by Santos v. District of Columbia,940 A.2d 113 (D.C. 2007), to uphold the District‟s position.*fn2

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