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Ice cream truck driver arrested for Virginia Beach DWI hit-and-run to serve 6 years in prison

VIRGINIA BEACH, Va. – The woman accused of driving an ice cream truck while drunk on National Ice Cream Day last year learned Tuesday she will spend time behind bars.

Ellaine Durham

Ellaine Durham appeared in Virginia Beach Circuit Court, where she was sentenced to 11 years with five years suspended for hit-and-run and 10 days for contempt of court for a total of six years and 10 days in prison. She did not receive a sentence for the driving while intoxicated charge.

Virginia Beach Police say at 6:38 p.m. on July 15 – which is celebrated as National Ice Cream Day – Durham was driving an ice cream truck westbound in the 1100 block of Sandbridge Road when she hit an occupied vehicle. Three people were taken to the hospital with non-life-threatening injuries.

One witness said he ran over to make sure the victims were okay after he saw Durham hit a tree and drive off. He also said Durham drove away from the scene holding up her broken windshield.

Police found Durham a short distance away from the scene. She was originally charged with DWI and three counts of felony hit-and-run.

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