This would most definitely be an emergency situation, and as you know, in an emergency you can legally do anything you determine to be the safest course of action. So when the **** is about the hit the fan, you need to do whatever you can to better your chances of saving your life.
But be aware that you are really a test pilot, and all blame will be on you when you crash the thing, because you should not have gotten yourself into such deep **** to start with.