Legalities of Summonses. Was one properly issued? Please help.

voodoo1984

I have just come home to find out that my brother's name is in the paper and has been banned from driving. He didn't even know he was due in court and hasn't received a proper summons (I think). He was stopped by the Gardai and was over the limit for alcohol. He admitted it straight away and was then breathalysed.
He was taken to the station, breathalysed and given a piece of paper (which must have been the summons). He is only 19 and has never been arrested or given a summons before. He probably didn't know what the word summons really meant. He was then released to go home. Before he left the office, he asked about how he could get the keys of his car (to bring it home, the following day) and was told by the garda that he would "never get his F*&*ing keys". There was another man waiting in the reception to get attention and my brother turned around to him and said "That's lovely language from a Garda". The garda then grabbed him by the arm and tried to bring him down to the floor. My brother being a big guy asked what the garda was trying to do, and pushed him away. Straight away 5 other Gardai came into the reception area, struck him several times, hit his head off the wall and brought him back into a cell. This is after he had been released previously.
My brother could not understand why they had done this and started crying in the cell. He was called all sorts of names and laughed at this. The piece of paper he was given previously (the summons), he tore it up and threw it into the toilet and said "now I know why people have no respect for you".
When he was realeased from the cell the following morning, he went to a garda and asked what the procedure was and did he have to go to court. He was told that he had tore up his record and that he would be seen in court. When he asked the Garda when that would be, he was told, some time after Christmas. At that he left.
Now, what he did and seems silly, just leaving without any information, but he doesn't know what the procedure is. He received nothing in the post regarding a court date and no further correspondence. The next thing we hear is that he got 2 year banned from driving and €1000 fine. Should he have received a summons in the post or any further information? Were the Garda acting out of order against him or is this just regarded now a days as how the Gardai are? Any help or assistance would be greatly appreciated.

Many thanks.

dats_right

Generally, when somebody is arrested and taken into custody in such circumstances they are handed a Charge Sheet, and then released on station bail to appear on a specified date before the District Court (within 30 days). At this date a trial date is usually set.

Your brother probably and not very wisely tore up his charge sheet with this information on it. He would not have been summonsed seperately. He should contact a solicitor to explore the possibility of an appeal.

voodoo1984

Thank's very much for the quick response. That makes sense. He's going to see a solicitor about this.