Gaba - I agree with you that more than likely operating the radio at 200mw vice 100mw will probably be undetected. I use to play around with CBs and HAM radios trying to get the most out of them and often exceeding the legal limit, but never over 100-200watts. I lived in Orlando Florida at the time and the enforcement guys there were more worried about signals around the 1Kwatt range for private stuff. They seemed more concerned with who was exceeding power or operating a commercial radio station without a license, there's more money in those fines.
I think there is something to Lee's last post however. If he had an accident, think of one involving a human vs. model, the lawyers of the injured would make sure that if there was anything they could use against him they would. Worst case scenario if the injured died and they could prove the accident was a result of his negligence by not adhering to the law or rules he could serve jail time? I'm not a lawyer and don't know if that's really possible, but I wouldn't want to risk it.
Also as an AMA member I believe if you are flying outside of their guidelines the insurance benefit won't be paid out. I'm sure most other insurances are similar.
I think spending the extra money to convert the radio to legal use or send it back for a new one in the end would be far less than if there was an accident or possible fine for over power.
Lee - I'm sorry I picked up my DX8... I would have bought yours from you if I hadn't already!