Simms has a court date Tuesday on charges that he drove while high on marijuana. The case is scheduled to go to trial. He rejected what prosecutors said was a last-chance plea deal in January.
His lawyers didn't immediately return telephone calls Monday.
The 30-year-old son of former New York Giants QB Phil Simms was pulled over at a police sobriety checkpoint July 1. An officer said a "zombie"-like Simms said he'd been smoking marijuana in the car. Simms has denied saying that.
He wasn't tested for drugs. Alcohol tests came back negative.
The most serious charge against Simms is a misdemeanor, punishable by up to a year in jail.