X5 e70 Transmission Malfunction Error-PLEASE HELP

[anth101]

Hi everyone, I hope this post finds you well. I am new to this forum, so let me start by expressing my appreciation for the enormous amount of knowledge that exists in this forum.

However, I have an issue that I believe has yet to be discussed in that particular fashion in this forum.

Long Story Short: I get transmission malfunction errors (transmission malfunction, drive moderately and reduced acceleration). 3rd Time in 2 months and was quite scary.

Car: Bmw x5 e70 3.0si '08, 45k Miles

Symptoms: This error doesnt appear normally. The shifts are smooth, no jerks at all, DS works like a charm. However, when in D and I'm in traffic, you guys know how the auto box downshifts when you increase the throttle beyond a certain point? e.g u're cruising with 45mph and 1500rpm and you want to accelarate, you push the throttle hard.
Now, when i do that in the same exact situation the rpm stay still even though the gas pedal is almost floored. If i keep it there for like 3-4 seconds I feel the car "strugling to make a decision", like it doesn't know what to do, the yellow icon appears on the dash and the car switches to DS or stays in Drive but in a lesser gear.
I stop on the side of the road, shut off the engine, restart it, and the error is gone, car goes like a charm. In the same situation like the one I explained earlier (cruising at like 45mph), if I take my foot of the gas, and then kick down it immediately after it downshifts no problem. It's like it doesnt understand that it's time to downshift when the gas is fully pressed in a slow manner from steady, but only when u absolutely kick down the s*** out of it.

Any ideas? Anybody with a similar problem? I have tried doing the reset for the trans however the 25sec wait doesnt seem to work on my vehicle.

Could it be that the oil in the Trans needs to be flushed and changed? Maybe a software update? Idk im just guessing.

I'm really anxious and very dissapointed with my car since I know question its safety, and its a shame cause she's a beauty. I really dont know what to do. Please help.