issue five dollars processing fees and processing fees on ms trimble in this case violated the fifth amendment expectation of equal protection under the law she was treated brought into court the same as other people from exactly the same time and maybe within a block of other people similarly cited for the same crime and for we've actually raised that issue with the court has held and i think the government would continues the contend that everyone on that citation that that advisement goes for both boxing and they say that but it doesn't and therefore any trimble did show up in court in that shouldn't have been given the feet with the court was not treating that citation in that way i understand the court's i understand your question because we've raised that question in the court actually subsequent t trimble but the court and the government maintained consistently that the notice at the bottom of the box be applies to both on both kinds of counsel anything on the record that would indicate some discriminatory having a sort of motivation on the part of the officer in terms of who got the twenty five dollars absolutely nation who didn't absent and that is not that's right right that's my point i mean how do we know the reason for imposing new three on some person and not imposing it on others other then  were noticed him i think we deliberate on it and other words there's no thing in the record which would indicate that someone who did not have the twenty five dollar form was nevertheless assessed a twenty five dollar fee your honor and i believe that the only thing in the record is the is that the docket sheet from is trimble i don't believe that any one else has anyone else's docket sheet is there but that was never an issue between  have listened to the tapes i listen to the tapes from days previous to this in this day and most of it was in autumn while it is routinely inaudible you can hear sometimes that you and you know th to be a problem some day and maybe it's a problem today under i think under the court rules they either have to have a court reporter or a an audiotape and i believe the government is probably if we don't do that you can come up with an agreed  does but in so far as you're relying on a notice to some people and not to other people you can just look at the form and see that it provides notice to people who are that who are paying now that they have to pay the twenty five dollars processing think but with regard to people who must appear in court i the distinction is that when they rolled out the act and during initiation process of it the only way to distinguish cases that came for compliance with the act were the new four and all the cases that's the only distinction because when they all came in record these citations i believe are in the record under how i have exhibit five and i have exhibit six in front of me but i'm just not sure where i should look to find the citation  the distinction that we never contested that the act was an unconstitutional act or a violation and it's the implementation it's the judges assessing the fee that's the problem  that the clever the classification is arbitrary and capricious is arbitrary is it the same as picking a number because the you know someone picking a number and getting the feed because it was solely based on the luck of whether difference of bark speed had been checked you don't know because the event would have been inconsistent at that point you would have had both the demand to go to court and not go to court in we don't have that in these cases one box or the other is checked we don't we don't see the people who just get by speech  month i can tell you each of the by practice that was not done i think whether or not it could have been done a lot of things could have been done differently here the judge the master judge could have either given everyone or no one the fee and then the whole treatment would have been everyone got got the fleet but we're here because some people got the feed and some people didn't who were charged with the same crime at the same time thank you council your time has expired