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I think the best way forward would be to get BMW to program an option for the owner of the car to change the setting in the options menu like so:
A.S.S settings:
1. remember last position
2. A.S.S on
3. A.S.S off
That way, it's completely up to the person what they want to do rather than it being coded always on or always off.
The same goes for the driving mode. It should most definitely not be always sport mode and I really don't think it should remember the last setting if you were in sport or sport+ mode. Not only does this risk engine wear on a cold engine but it could also be dangerous if you let someone drive your car in the wet, snowy or other conditions (just one example).
For the driving mode you could have the same options in the menu for it to be programmed by the user not BMW. Just how the "running lights" are programmed by the user.
PS. every time I get in and start the car with the push button, I also press the A.S.S button to turn it off. it's not that much of a hassle since your thumb is there to press the engine start button anyway.
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