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Jeremy Clarkson may be prosecuted for 'chatting on mobile while doing 70mph'

For years he has railed against the nanny-state but now it looks as though Jeremy Clarkson has been caught flouting the draconian motoring laws he so detests - and could face prosecution.

Police are examining a photograph apparently showing the Top Gear presenter talking on his mobile phone while driving at 70mph on the motorway in his gas-guzzling 6.3 litre Mercedes.

The 47-year-old is now facing a police investigation and could get three points on his driving licence as well as a £60 fine.

Police are set to analyse the photograph - snapped on a mobile phone - to decide whether he ought to be charged with dangerous driving.

Thames Valley Police said the photograph would be examined along with any other evidence.

"We are taking this matter very seriously and will be collecting all the available evidence to see whether there is a case to answer," a spokesman said.

The photograph would "now be examined by road safety officers as part of the investigation", he added.

A police insider warned today that no exceptions could be made for celebrities.

He said: "At a time when the Government and police are clamping down on motorists putting safety at risk by using mobiles at the wheel, it's vital that police are seen to be taking action against all alleged offenders, no matter who they are."

Clarkson was photographed as he overtook Adam Blake, 22, near the turn-off to the Silverstone racing circuit on Friday morning last week.

"My girlfriend said "Oh, that's Jeremy Clarkson" and then noticed he was on his mobile," Mr Blake said.

"She grabbed her phone and took a picture of him. We couldn't believe we'd caught him out.

"Afterwards we moved into the fast lane and overtook him and we gave him a beep. It was clearly him."

Mr Blake, a recruitment consultant from Ascot, Berkshire, added: "I used to watch him every week on Top Gear and he was always banging on about the new driving laws.

When confronted about his misdemeanour Clarkson denied that he had been using a phone while driving

"Everyone knows you can't use a phone behind the wheel. Perhaps he thinks he's above the law."

The death toll caused by motorists using hand-held mobiles more than doubled from 13 in 2005 to 28 in 2006, despite a ban being introduced in December 2003.

The Royal Society for the Prevention of Accidents yesterday condemned the practice as "illegal and dangerous".

A spokesman added: "It is disappointing to see someone well-known and looked up to in relation to driving doing that."

Clarkson was given the left-hand drive Mercedes as a Christmas present last year and, in typically brash style, has revealed he loves it "more than my g***tals."

His scabrous wit appeared to have deserted him when confronted at his mansion in Chipping Norton, Oxon, about the alleged law-breaking, however.

He at first denied being in the car but when shown the photo said: "That isn't a mobile phone."

He then slammed the front door and shouted: "Look, I write a column for another newspaper. I'm not allowed to talk to you."

The father-of-three has had several brushes with the law in recent months.

In September he was acquitted in a speeding case after hiring celebrity lawyer Nick Freeman, known as "Mr Loophole".

A V6 Alfa Romeo Brera which had been loaned to the presenter by the manufacturer was caught doing 82mph in a 50mph zone in Ruislip, west London. But the case was dropped at court because it couldn't be proved who was driving.

A month later, Clarkson and fellow Top Gear host James May were told they were to be investigated by a local authority for flouting laws about smoking in the work place after lighting up on TV.

Millions of viewers saw the pair puff on pipes in the studio near Godalming, Surrey, while discussing the branded goods car makers use to sell their products.

And in December, he found himself at the centre of another investigation by Thames Valley Police after grappling with a hooded teenager who shouted at him as he left an entertainment complex in Milton Keynes, Buckinghamshire.

The force later decided to take no action as there was "no evidence a crime took place".

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