AN ALMOST FATAL CRASH. CAR WAS BACKED UP FROM GARAGE IN THE MORNING INTO THE STREET, PUT IN D POSITION BUT THERE WERE NO POWER TO THE WHEELS FOR APPROXIMATELY 5 TO 10 SECONDS. CAR APPROACHING FROM BEHIND ON THE STREET NEEDED TO SWERVE TO AVOID REAR ENDING MY CAR. THIS PROBLEM HAPPENS CONTINUOUSLY WHEN THE CAR IS COLD (SITTING FOR MORE THAN 8 HOURS). THERE IS A DELAY OF ABOUT 10 SECONDS FOR POWER TO ENGAGE IN D POSITION. ACCORDING TO ONLINE CUSTOMER COMPLAINTS AND BMW DEALER, THIS CRITICAL SAFETY ISSUE IS RELATED TO A SOFTWARE ISSUE IN THE TRANSMISSION. A SOFTWARE UPGRADE FIXES THE PROBLEM BUT WHEN APPROACHING BMW FOR THIS CRITICAL SAFETY ISSUE, THEY REFUSE TO PROVIDE THE SOFTWARE UPGRADE FOR FREE AND THE DEALER WANTS TO CHARGE $360 TO UPDATE THE TRANSMISSION SOFTWARE. *TR