Not being rude and no reference to politics in this post ....
BMW just released a new Rev of the software for the E89, there is one for the 35i for sure. It is possible that the "Fix " is in although I have not had this problem it is obvious from the posts that it is quite common.
Two Questions: Is it more common in the 30 than in the 35 ??, and is the software rev for all the models or just the 35i ?
I got Rev 761 I believe, having started with Rev 759 in my '09 35i. I would think the rev is specific for the engine so if there is a rev for the 30 and I was having this issue I think I would look into getting it upgraded, at BMW's cost of course.