E90 cruise control fault

Several times (maybe 1 out of every 4) when I push the cruise stalk forwards, I get the big yellow cruise control icon with the exclamation point to the upper right of that.
From that point on, the cruise is inoperative. Have to shut the car off and turn it back on (like at the next street light). And the system is OK.
Have not been able to get it to error-out pulling the stalk TOWARDS me.
All is OK from the point it works for the first time after starting the car. It only tends to fail 1) when pushing stalk forward, 2) for the first time.
Drove to a BMW dealer with the error still visible. They had it for an hour and said they didn't see any fault, and didnt't see any error displayed under the "CHECK CONTROL".
Which is nuts since I showed it to the lady when I pulled into the dealership (before she wrote it up and turned it over to a tech).
They said they didn't shut car off (which WOULD have canceled the error). I asked the tech if he pulled the code (for the error both the lady and I saw), and he said there was no error.
So I'm wondering if it cancels itself out after a period of time with the car running but NOT moving.
I'm a bit ticked they sent me on my way without a fix, particularly since the lady who first took care of me DID see it in the CHECK CONTROL mode.

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