Udine teacher acquitted of driving-under-drugs charge: it was a false positive
Elena Tuniz, 33, was cleared by Udine's court: the January 2025 accident was caused by an epileptic seizure, not drugs.
Acquitted because the facts do not constitute an offence: the case of Elena Tuniz
The judge at Udine's court, Mauro Qualizza, acquitted Elena Tuniz of the charge of driving while impaired by drugs, accepting a request from prosecutor Marzia Gaspardis. The judgement—"the facts do not constitute an offence"—concludes a criminal proceeding that had deeply affected the life of the thirty-three-year-old teacher from Corno di Rosazzo.
The matter began on 7 January 2025, when Tuniz was involved in a road accident on her way home from work. Doctors subsequently established that the cause was an epileptic seizure, a condition diagnosed in the woman as a result of her hospital admission. However, tests carried out at that time also revealed a suspected positive result for THC, the active ingredient in cannabis.
That positive result had triggered serious consequences: suspension of her driving licence, opening of a criminal proceeding and, on a personal level, loss of her permanent teaching position at school. Her husband had also been forced to leave his job.
Tuniz had been committed for trial under the new article 187 of the Road Code, which came into force just weeks before the accident. The law provides for up to two years' imprisonment and a €12,000 fine for anyone who tests positive in a drugs test following an accident, without needing to prove any actual impairment of driving ability.
An expert called to testify by the defence had explained the issues related to cannabinoids, which can be detected up to 80 hours after use or due to false positives. Tuniz's lawyer, Raffaele Minieri, commented on the outcome: "This is a result we achieved thanks also to the help of expertise from the scientific community and this should make us all reflect on why we are here."
Tuniz herself declared outside the courtroom: "I was confident that everything would go well and I am pleased that justice has taken its course. I will have to retake the competition and I will retake it and I hope everything goes well and this time that I can do it peacefully."
Before the hearing, a solidarity rally organised by the association "Meglio legale" was held outside the courthouse, which had brought the case to national attention using it as a pilot proceeding to challenge the effects of the new law and its impact on the rights of the accused.
Source: Google News IT — Crime (it)