I can contemplate--we all can, because we live in the real world with technology and BlackBerrys and videos--getting on location and the video not working. Does that mean we can't conduct what has been proven internationally--that the test can serve a valuable purpose--because the tape is full or the VCR is not working, and all of a sudden that test can't take place?
I think it should say “may”, at best. I don't support it. But “shall” means that this test can't take place unless that video recorder is working. If you have to take the time to go somewhere else where there is a working video recorder, it kind of becomes moot once the person has had six hours to sober up.