People v. One 1986 Cadillac Deville, License No. 3dms745

J.These are consolidated cases within the original jurisdiction of the municipal courts, which were transferred to this court after certification by the superior court. (Code Civ. Proc., § 911.) In each *159 case the District Attorney of San Joaquin County appeals from a judgment denying a petition for forfeiture of a motor vehicle. (Veh. Code, § 14607.6.)

Under section 14607.6 a motor vehicle is “subject to forfeiture” and may be impounded if driven on a highway by a registered owner who lacks a valid driver’s license and who previously has been convicted of driving without a license. The trial court denied the petitions for forfeiture on a showing each driver had obtained a valid license after impoundment of the vehicle. The district attorney contends the trial court was without discretion to deny a petition for forfeiture in these circumstances.

We will conclude the trial court had discretion and affirm the judgments.

Facts and Procedural Background

The pertinent facts are few and are the same for each respondent. The driver, a registered owner of the vehicle, was stopped for exceeding the speed limit, failed to produce a valid driver’s license and the vehicle…