What is the test for dismissing a motion to dismiss a charge of assault on the grounds of speedy trial?

These rules are not appropriate means by which to redress Sixth Amendment violations, however. When, in a proper Barker v. Wingo hearing a Sixth Amendment speedy trial violation has been established, reversal of a subsequent judgment of conviction and dismissal of the charge are necessary in every case. When unjustified prejudice to the defendant's ability to defend has been established there can be no question that reversal and dismissal are required. And where the balance of interests establishes a violation of a defendant's speedy trial right because of the impact on his other interests--prolonged restraint, public obloquy, anxiety, stress, and disruption of [40 Cal.3d 264] everyday life--leaving him to his remedy on appeal would exacerbate the harm by prolonging the period during which he remained subject to those conditions and would offer only the Pyrrhic victory of a reversal should he ultimately be convicted. ¹⁷ Extraordinary writ review of a misdemeanor defendant's motion to dismiss made on speedy trial grounds is therefore necessary because appeal does not afford an adequate remedy for redress of these violations. Relief should be granted whenever the trial court record establishes a violation of the right to speedy trial guaranteed by the Sixth Amendment. The defendant will thus be accorded some redress for the violation of his interests as he will not have to undergo the strain and expense of trial; the public fisc will be spared the expense of a futile trial and consequent appeal; and an effective means by which to enforce the right to speedy trial will exist.

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