Stop glorifying the cyclist hating idiot by calling him Mr Loophole. There is little evidence that his success rate is any better than anyone else in this field, and keeping his name at large online and in the media serves only to keep him fresh in the minds of people that might want to hire him.
Phone in hand, coffee in other hand, check.
In charge of motor vehicle on a road or other public place, check.
Engine running, not parked up with engine off anf handbrake applied, check.
Not in proper control, case closed, take him down to the gallows.
I'd have sent that to court for not in control or maybe careless, neither of which need CPS approval for a charge. Of course the solicitor will threaten an appeal, because he then gets a second pay day at his clients expense! If people and organisations dug their heels and and stared bullies down then it wouldn't be long before we didn't have any more bullies - they only do it because they know the threats will work.
The CPS should be doing what is right, not what is convenient and easy. If it fails it fails, but with a halfway sharp prosecutor thats a shoo-in for the correct charge.