125-200cc WR125 08 better than 06?

Ive just sold my 06 Wr125 and I am not sure what bike to get next.
I can get a good deal on an 2008 Wr125 .
I believe it has a little more down low torque is that right?
Is the carby is exactly the same? - I know its a TMX 38mm but maybe updated ?
I know it doesnt have the 5 port head- pity.
I want it road legal so I cant get the CR 125.
Is an 09 a lot better? Havent really heard too many reports on how good it is.
I am also considering the WR250 but not many around right now.
Thanks for any help