yichusdik, in your case, you might ask your LOR if your assessment is correct that this is a case of “ain somchim al haNeis”. Then, if they agree with you that this is “somchim al haNeis”, then the follow-up question can be presented.
Either way, to disregard Daas Torah is wrong.
But no daas Torah has indicated this is an issue of “somchim as haNeis” and, therefore, nobody should simply decide for no reason other than their conjecture that this is so.