Lancashire vet narrowly avoids suspendion after drink-driving conviction

Dr Tudor Herlea, who works at Blackpool Warbreck Vets4Pets, inside Pets at Home in Holyoak Avenue, appeared before the Royal College of Veterinary Surgeons (RCVS) Disciplinary Committee this month, facing allegations that he was unfit to practice veterinary surgery following convictions in his native Romania.

What happened?

A hearing heard that between 9.30pm and 10.30pm on Saturday, February 4, 2023, Dr Herlea had been drinking vodka and beer at his home in Romania, when at around 11pm his father had arrived. His father, who had heart-related problems, had become unwell, and did not have his medication with him. So, Dr Herlea got into his company car and began to drive to a “nonstop” pharmacy to buy the medication, when he was stopped by police in a routine check shortly after midnight.

The level of alcohol in Dr Herlea’s blood was 1.42 g/l in the first sample taken and 1.23 g/l in the second. The legal limit was 0.8 g/l.

Dr Herlea should not have been driving at all on 5 February 2023, as his licence had previously been suspended as a result of a speeding offence. The speeding offence took place on December 14, 2022 when he had been driving at 108km/h on a road where the limit was 50km/h.

Appeal

Dr Herlea argued on appeal that he should have received a postponement of sentence - on the basis that the incident was prompted by an emergency relating to his father’s health, that he had driven less than one kilometre, that it was late at night and there was no traffic about, and that he had no previous convictions. The Appeal Court rejected this argument, and found instead that the offences were serious because of the high alcohol level, the lateness of the hour and the fact that at the time he was driving whilst suspended.

When the appeal was rejected on January 15, 2025, the convictions became effective and sentence became operative under Romanian law. On April 1, 2025, Dr Herlea - who lists himself as lead veterinary surgeon at Warbreck Vets4Pets since July 2024 - informed the RCVS by means of an on-line declaration.

What did the Committee say?

The Committee found that Dr Herlea’s conviction rendered him incompatible with paragraph 6.5 of the professions governing code not to engage in any behaviour that would likely bring the profession into disrepute or undermine public confidence in the profession and found him unfit to practise as a veterinary surgeon.

When considering a sanction, the Committee again took into account aggravating and mitigating factors. Aggravating factors, in summary were:

• his disregard of the legal prohibition against his entitlement to drive;
• the extent to which the alcohol levels in his blood exceeded the prescribed limit;
• the risk of injury to others;
• he knew he had been drinking and that his licence was suspended but still chose to drive which the Committee viewed as reckless;
• he must have known of the effect his consumption of alcohol would have on his ability to drive safely;
• he chose to drive at night when visibility was poor; and
• he chose not to consider safer alternative ways of getting the medicine.

Mitigating factors in summary, were:

• his frank and early admissions to his employer and his early decision to notify the RCVS of his convictions and sentence;
• the favourable report from his probation officer confirming his compliance with his community service and assessing a low likelihood of further offending;
• his genuine remorse, full acceptance of responsibility and insight into the offence; and
• the positive references from his colleagues who described him as a capable, caring and supportive veterinary surgeon who acts calmly under pressure, and that if he were unable to practise it would be a loss to the profession.

It was also noted that no actual harm was caused to any animal or human, that it was a single isolated incident, and that Dr Herlea has an unblemished record to date.

Sanction

Hilary Lloyd, chairing the Committee and speaking on its behalf, 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. If Dr Herlea commits any future serious misconduct, whether personal or professional, he will in the light of this reprimand inevitably put his registration at risk.”

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