Scenario: I have a DWI video tape, I offer to let the defense come by and view it but the defense wants a copy of it. Is the defense entitled to a COPY of a DWI videotape? For that matter, how about, say, an in-store video tape?

If the video either constitutes or contains evidence material to any matter involved in the action you are required (upon motion and order under 39.14) to permit it to be copied by or on behalf of the Defendant. We do not interpret this to require us to provide a copy or even the equipment necessary to make the copy, nor is the defense counsel entitled to remove the tape from the possession of the State for such purpose.