photo by: Douglas County Sheriff's Office

Kody Rothfus

A man who was convicted of aggravated battery following a drunk-driving incident that injured a person last summer was sentenced on Tuesday to 10 months in prison, suspended to 18 months of probation.

Kody Rothfus, 34, pleaded no contest on March 6 to one count of aggravated battery while driving under the influence. The offense was originally charged as a level 5 person felony, but was lowered to a level 8 as part of Rothfus’ plea bargain with the state.

The charging document indicated that Rothfus’ blood alcohol level was .209, more than twice the legal limit of .08, and that while driving drunk on July 27, 2025, he caused great bodily harm or disfigurement to a person riding on the back of his motorcycle.

According to information from Lawrence police at the time, a person called police to report someone lying in the road with obvious facial injuries. Officers learned that the person had fallen from the motorcycle, and a field sobriety test on the motorcycle’s driver indicated intoxication. Rothfus was arrested at West Sixth and Florida streets.

At the time, Rothfus was on diversion in a 2024 drunk-driving case, in which he was charged with fleeing and eluding police, interference with law enforcement, DUI, open container and no proof of insurance.

A diversion is a legal process by which a defendant can avoid prosecution and ultimately have the charges dismissed if he abides by the terms of the diversion agreement.

In that agreement, Rothfus stipulated that he was speeding by as much as 40 mph over the limit and eluding police just after 1 a.m. on Sept. 19, 2024, in northern Lawrence, that he ran multiple stop signs, drove around tire-deflating devices, drove the wrong way down the road and didn’t stop until an officer forced him to with a tactical maneuver. He also stipulated that his blood alcohol level was .26, or more than three times the legal limit.

Rothfus was ordered as part of that diversion agreement to abstain from alcohol and recreational drugs and to complete a treatment program and a DUI victim impact panel. The most recent case happened less than a year later.

As part of the plea agreement in the 2025 case, the state agreed not to file a motion to revoke Rothfus’ diversion in the 2024 case and to give him a yearlong extension to successfully complete his diversion requirements.

Judge Amy Hanley noted that the most recent offense was presumptive probation under the Kansas Sentencing Guidelines. In addition to his sentence, she ordered Rothfus to complete a victim impact panel and not to use drugs or alcohol, among other conditions of probation. He will also have to pay $313 in various court costs.

Rothfus’ attorney, Kevin Wichman, told Hanley that Rothfus was “remorseful,” but when Rothfus was given a chance to speak, he said he “really didn’t have anything to say,” except that the past nine months “had been good to me” and that he was sober.

Prosecutor Adam Carey told Hanley that the victim who was hurt on the motorcycle supported the plea agreement but did not wish to attend the sentencing.