Sure you can use it out of band, but who are you going to talk to? Try talking to your local PD with your ham license and you'll probably find yourself with a fine. It's happened before. But hey, it's your money and your license.
First off, I could see situations where in a disaster that knocked out the cell phone system, people might be forced to use their bubble pack radios to ask for help. Or maybe one of them would have something I need. Or maybe they are using MURS, or business radios, or marine radios, etc. I have a pretty tall tower for my scanner and for my base, and can hear these types of signals from 10 miles plus right now. If need be, I could talk to them in a true emergency.
As far as talking to PD, it's not going to happen, as they are all P25 around here. Not to mention that a PD system is the last I would every think about keying up on. The most "risky" thing I could do would be to hit the Phoenix fire dispatch channel, and I am well aware of the fact that this would be a foolish and illegal thing to do unless there is as I said, no other means of communication, and lives were truly on the line, in which case there would be no fine, as Part 97 clearly allows for this. Whether it irritated them or not, if it were to go to court, it would be thrown out, assuming everything was legitimate on my end. It's federal law.
That said, if I had a family member(s) in need of emergency aid in a life or death situation with no other means of getting help, I really wouldn't be too concerned about a fine, or any other legal action really. I know you don't know me, but I don't break laws in any area of my life really, other than mild speeding. I follow the rules, but I also want every edge if the unthinkable ever happens. There is no downside to having extended TX while there are potential upsides (however unlikely that you would ever need it), and they come with no extra cost.
Now I will admit that it's bothersome that any guy on the street with a credit card can easily get a radio that will hit public safety repeaters. I do wish that only licensed amateurs were allowed to buy this equipment, but there is no practical way to stop what is happening. I have no doubt that a lot of unlicensed people are out there (including many doomsday preppers) buying $40 Baofengs and Wouxuns who may be tempted to do things that shouldn't be done.
As far as the Moto comment....I admire the quality, but don't care for the lack of "on-the-fly" flexibility in terms of programming.