Harassement?

My son has a vehicle that was purchased new that has an unconventional muffler. The City where we live has a muffler noise ordinance the states that no on can modify the exhaust system to emit a noise louder than the muffler originally installed on the vehicle. That being said, two years ago he recieved his first ticket for violaiting the ordinance. We went to the Assistant City Attorney who requested that the charges be dropped. My son appeared before the Judge and she dismissed the charge because the muffler was compliant. A month later he recieved his second ticket, we fought it in court, pro se, pleading the matter was res judicata. The Judge in this case dismissed the res judicata claim stating that we needed a judgment in order to get it. The Juge proceeded to hear the rest of the trial, wouldn't admit the evidence that was used in the original tickets dismissal and made a decision to decide about the res judicata part after the trial had ended. The only evidence presented at trial was the ticketing officers opinion. The Judge ruled that because this was a strict liability law the defendant didn't have to do anything wrong that it need only be shown that the vehicle was non compliant and she believed the police officer. Res judicata was denied post trial because the judge dismissed the charge in a priliminary hearing at the request of the ACA and wasn't a judgement. One issue I had with this was that the transcript from the previous trial/priliminary hearing was never entered into evidence at the trial yet was used by the judge in her decision making process. We appealed the case to the District Court and the case was affirmed based upon the same transcript evidence. that case is currently pending a writ of certiorri from the State Supreme Court. My son just yesterday recieved a third citation from the same officer. We plan to continue our fight, but at this point I'm wondering if there are grounds for a harassement suit?

[randalljd]

If they feel it is non-compliant they can keep ticketing until a court rules that the muffler is complaint. And even after that, a ticket could be issued because nobody can say for certain that something has not changed on the car or in the car the next day...

You may want to have the dealer make an adjustment.