Dr Herlea MRCVS was convicted on 15 January 2025 at the Cluj Court of Appeal.
He was sentenced to 15 months’ imprisonment suspended for two years and made subject to probation/supervision during the period of the suspended sentence.
The Committee heard he was stopped shortly after midnight on 5 February 2023 during a routine police stop and tested over the alcohol limit.
His licence had previously been suspended for three months following a speeding offence in December 2022, ending on 27 February 2023.
The Committee took account of his statement that he had been drinking at home when his father became unwell and he drove to a nearby pharmacy because his father did not have his medication.
The Committee found the conviction was incompatible with paragraph 6.5 of the profession’s governing code and found him unfit to practise as a veterinary surgeon.
Aggravating factors included disregarding the prohibition on driving, the extent his blood alcohol exceeded the limit, and the risk of injury to others.
Mitigation included early admissions and notification to the RCVS, a favourable probation report, remorse and insight, and positive colleague references, with no actual harm and an otherwise unblemished record.
Hilary Lloyd, chairing the Committee, said: “The misconduct of Dr Herlea is serious but, considering the mitigating factors present in this case, the Committee concluded that a period of suspension was neither necessary nor proportionate.
"The consequence of a period of suspension is that the Registrar removes the veterinary surgeon’s name from the Register during the period ordered. It is then automatically restored to the Register at the conclusion of the period of suspension.
"Dr Herlea would be obliged to inform the Home Office that he was no longer able to comply with the terms of his work permit, as would his sponsor practice.
"It is not therefore unreasonable to assume that under current Home Office guidance, even a short period of suspension would result in Dr Herlea being unable to practise in the UK, with permanent effect, which would be disproportionate.
“The Committee concluded that a reprimand and warning as to Dr Herlea’s future conduct was the appropriate sanction.”
https://www.rcvs.org.uk/veterinary-professionals/conduct-and-guidance/concerns-for-veterinary-professionals/disciplinary-committee-hearings
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