Hopkins v. State, 337 Ga. App. 143

Hopkins was stopped after running a stop sign; officer smelled alcohol and observed red/glassy eyes.
Vehicle registration/insurance did not appear in Hopkins’ name; he admitted drinking but could not recall when.
Hopkins initially agreed to a preliminary breath test, then declined other sobriety tests; officer concluded he was less safe to drive.
Officer read implied consent warning; Hopkins resisted handcuffing and attempted to evade arrest.
Hopkins was charged and convicted of DUI (less safe), obstruction, interference with government property, failure to stop, failure to register, and simple assault.
At closing, prosecutor commented that the stop “was a dangerous situation. What if he had a gun?” Defense objected and moved for mistrial; court sustained the objection, gave curative instructions, and denied mistrial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prosecutor's closing remark about a gun required mistrial	Hopkins: remark was improper and prejudicial, warranting mistrial	State: remark was not so prejudicial; court instruction cured any harm	Court: sustained objection, curative instruction cured prejudice; mistrial not required

Hyman v. State, 222 Ga. App. 419 (1996) (standard for viewing evidence on appeal — verdict viewed in favor of prosecution)
Woods v. State, 233 Ga. 495 (1975) (mistrial discretionary; required when essential to preserve fair trial)
Banks v. State, 281 Ga. 678 (2007) (trial court decides if curative instruction suffices or mistrial is required)
Davis v. State, 285 Ga. 343 (2009) (curative instruction that jury consider only evidence and law cures purported harm)