Maybe your right D, maybe it's a bit regional. From the cops point of view, it's the same deal as riding faster than the flow of traffic. In the end, if the traffic is flowing at the speed limit and your busting it by 5-9+mph, then it's discretionary if you get pulled over/ticketed. I see it for what it truly is, you performed a safe action or you didn't.
EDIT: Props to NV for a step in the right direction.