Frank Sellers

Westfall Sellers
1701 River Run, Suite 801
Fort Worth, TX 76107
(817) 928-4222
www.westfallsellers.com


Frank Sellers is a trial and appellate attorney, who focuses on representing citizens and businesses in criminal investigations and prosecutions. Sellers maintains an active criminal trial practice, with a heavy emphasis on helping citizens accused of Driving While Intoxicated (DWI). Sellers has earned a reputation as a knowledgeable, skilled trial lawyer. In addition to trial work, Sellers focuses a smaller portion of his practice on criminal appeals and writs of habeas corpus. He enjoys helping those that have been wrongfully convicted regain their freedom.

Because of his early success, Texas Monthly SuperLawyers honored Sellers as a 2015 Rising Star. The National Trial Lawyers named his as one of its Top 40 Under 40. Sellers is frequently asked to speak to other criminal defense lawyers and judges around the state about various trial and appellate issues. Sellers has also been elected by his local peers as the President of the Lubbock Criminal Defense Lawyer's Association. On a statewide level, he was selected to serve on the Board of Directors of the Texas Criminal Defense Lawyer?s Association, as one of the youngest Board members in the organization?s history.

Personally, Sellers was raised in Richardson, Texas. After graduating high school, he earned his degree in Economics from Texas A&M University. Sellers then went onto earn his law degree from Texas Tech University School of Law in 2011. While at Tech, Sellers was an editor on the Law Review, a member of the Board of Barristers, on numerous national mock trial teams, and was the president of the Texas Aggie Bar Association. He also received the CALI Award for the top grade in legal research and writing.

Practice Areas:

DWI Defense / DUI Defense
Criminal Appeals & Writs of Habeas Corpus
Drug Possession & Drug Distribution Prosecutions
All Criminal Prosecutions & Investigations

Bar Admissions:

Texas
U.S. District Court Northern District of Texas

Education:

Texas Tech University School of Law, Lubbock, Texas
J.D., 2011
Texas Tech Law Review, Articles Editor
Texas Tech Board of Barristers
Texas Aggie Bar Association, President
Texas A&M University, College Station, Texas
B.S.  Economics, Business, 2008

Associations and Memberships:

Texas Criminal Defense Lawyer's Association
Board of Directors, 2014-2015
Lubbock Criminal Defense Lawyer's Association
President, 2015-2016
DUI Defense Lawyer's Association, Founding Member

Lubbock Area Bar Association

Speaking Engagements:

How to Better Manage Your Practice In Court and Out, Criminal Defense Trial Skills & Trial Law Program, Center for American and International Law, Plano, Texas (August 6, 2015)
Communicating With the 21st Century Jury, Training Your Defense Team to Win, South Padre Island, Texas (July 10, 2015)
Communicating With the 21st Century Jury, Jury Selection and Communicating with Jurors in Criminal Cases, Center for American and International Law, Plano, Texas (April 10, 2015)
Jury Selection in a DWI Case Demonstration, A Taste of Voir Dire, Houston, Texas (March 6, 2015)
Pretrial Investigations, Training Your Defense Team to Win, Austin, Texas (January 16, 2015)
Opening Statements & Closing Arguments, Trial Strategies that Work, South Padre Island, Texas (July 17, 2014). Click here to view the paper
Winning Opening Statements, Trial Strategies that Work, Tyler, Texas (April 25, 2014)
Jury Selection in DWI with a Blood Test, The Ultimate Voir Dire, Arlington, Texas (September 28, 2013)
Pretrial Investigations, Trial Strategies that Work, Amarillo, Texas (September 20, 2013)
DWI Quick & Dirty: How to Defend a Breath Test, Blood Test, or No Test DWI for the True Defense Lawyer, Gideon's Trumpet Speaker Series, Corpus Christi, Texas (August 9, 2013)
Battling the Breath Test, 32nd Annual Prairie Dog Lawyers Advanced Criminal Law Seminar, Lubbock, Texas (January 11, 2013)
Published Articles:
Winning Opening Statements, Voice for the Defense (Nov. 2014)
Winning Opening Statements, Harris County Criminal Lawyers Association: The Defender (Oct. 2014)

Recent Results:

2015: Lubbock woman charged with Aggravated Kidnapping. Defense investigation showed that her boyfriend acted with a friend and client was merely present. First degree felony case dismissed.
2015: Midland man accused of DWI w/ blood test over 0.15 while visiting Lubbock. Case dismissed.
2015: Assisted partner Dan Hurley in defending a young man charged with Murder in Big Spring (Howard County, Texas). After a three day trial, the jury deliberated just over three hours and concluded client acted in self defense, finding him "Not Guilty" of murder. Arrest record expunged.
2014 Texas Tech student charged with DWI (blood test over 0.15) after officer stopped him for swerving and almost hitting a curb multiple times. At the suppression hearing, the officer admitted that there was no traffic violation and that he could not be sure based on just the driving whether client was intoxicated. After providing multiple briefs to the Judge, the Judge ruled that the stop and all evidence must be suppressed. Case dismissed.
2014 Lubbock woman indicted by grand jury for aggravated assault after getting in a fight with another woman that showed up at her residence to confront her about a mutual boyfriend. Felony indictment reduced to a Class C misdemeanor.
2014 Lubbock man charged with aggravated robbery after being accused by the real perpetrator to deflect the blame. Defense investigation revealed the accuser was dishonest. Case dismissed.
2014 Lubbock business owner arrested for DWI after pulling out of a bar parking lot near campus without turning on his headlights. Officer said he failed the field sobriety tests. Case dismissed.
2013 Lubbock woman charged with DWI after being pulled over for illegally turning out of a bar parking lot. Officer said she failed the field sobriety tests. After being arrested, client gave a breath test with a 0.121 result. Case dismissed the week before trial.
2013 Lubbock woman charged with DWI after being pulled over for making a U-turn at a red light near the Tech campus. After her and the officer had a very verbal disagreement, the officer arrested her. Case dismissed.
2013 Lubbock woman charged with DWI after being pulled over for driving on flat tire. Police officer said she failed the field sobriety tests. After being arrested, she gave a blood test with a result nearly three times the legal limit. Case dismissed.
2013 Texas Tech student charged with DWI after being pulled over on campus for running a flashing red light. After being stopped, client initially denied but later admitted drinking earlier in the night. Officer testified that client then failed all field sobriety tests. Jury found client "Not Guilty" in less than one hour.
2013 Man charged with Unlawfully Carrying a Weapon in Lubbock County after being confronted by three police officers at his mother-in-law's house. Case dismissed the week before trial
2013 Texas Tech student charged with DWI-2nd after being pulled over in an area with many bars close to campus. Case dismissed.
2013 Texas Tech student charged with DWI after being stopped around 2 AM. Officers could not agree whether client passed the field sobriety tests or not but arrested him anyway. Client then gave a breath test. Result was 0.157. Case dismissed the week before trial.
2013 Texas Tech student charged with Assault, later upgraded to felony Aggravated Assault with a Deadly Weapon. Case dismissed.
2013 Lubbock man charged with DWI after being pulled over near an area of bars by the Texas Tech campus for not stopping at properly at a stop sign. After his arrest, officer said client failed field sobriety tests. Client then took a breath test. Result was 0.237. Case dismissed.
2013 Lubbock man arrested and charged with DWI with a BAC over .15 after being stopped by a DPS Trooper. Client refused to perform field sobriety tests, and trooper obtained search warrant for his blood. Result was 0.21. After a hearing on the motion to suppress, the DA dismissed the case.
2013 Lubbock man charged with DWI-2nd after getting into an accident. Client admitted to drinking and using synthetic marijuana. DWI dismissed.
2013 Texas Tech student arrested for DWI after an accident involving two other vehicles. Officers said client failed field sobriety tests, even though he had just been injured in the accident. When client refused to give consent, the officers made a nurse take his blood. Result was 0.24. After filing a motion to suppress based on Missouri v. McNeely (prohibiting law enforcement from obtaining blood without either a warrant or the person's consent in most situations), the DA's Office reduced the charge to Reckless Driving, with no jail time or probation required. DWI dismissed.
2013 Lubbock man arrested for Possession of Marijuana. Case dismissed.
2013 Littlefield man arrested for Assault on a Public Servant and Resisting Arrest in Lamb County after an altercation with police in his front yard. All cases dismissed.
2013 Amarillo man arrested for DWI in Lubbock County on his way home after a Tech football game. After his arrest, he gave a breath test with a 0.10 result. Case reduced to Reckless Driving with deferred probation. DWI dismissed.
2013 Lubbock woman arrested for DWI after officer said she failed field sobriety tests. She then gave a breath test over 0.13. Case reduced to Reckless Driving with deferred probation. DWI dismissed.
2013 Lubbock man charged with DWI after being stopped for driving with no headlights at 2:30 around the Depot District. According to the officer, Client failed all but one field sobriety test, smelled of alcohol, had bloodshot glassy eyes, and admitted to being a 4 on a scale of 10 for intoxication. Client agreed to provide a blood sample that tested at a .18. Because of the obvious conflict in Client's behavior on video, what officer said, and blood test result, Client decided to go to trial. Jury found Client "Not Guilty" in a little less than an hour.
2013 Lubbock man charged with DWI after being stopped by state trooper for not using a turn signal when turning into a gentlemen's club. According to trooper, Client had an open Miller Lite in the cup holder, could not perform any field sobriety tests due to his intoxication, could not say the alphabet, admitted to being a 7 out of 10 on a scale of intoxication, and passed out on the way to the jail. DA's Office refused to make a fair offer, so Client decided to go to trial. At trial, the trooper admitted client's blinker could have been on, and Client testified that it was. The jury followed the law and found Client "Not Guilty" in 12 minutes.
2013 Texas Tech student charged with DWI after being stopped for making an illegal U-turn. Client had been at a friend's birthday party, and the friend was passed out in the front seat. Officer said client failed all field sobriety tests. Case reduced to Reckless Driving; no jail time or probation required. DWI dismissed.
2013 Lubbock woman charged with DWI after being arrested by Wolfforth Police Department. Officer said she failed all field sobriety tests. DA offered to reduce the charge to Reckless Driving. After telling the DA to set it for trial, DA dismissed case the day before pretrial hearings.
2013 Lubbock business owner arrested and charged with two counts of Aggravated Assault, two counts of Assault Family Violence, and two counts of Resisting Arrest. After defense investigation showed a completely different scenario, no felonies ever filed. All cases later dismissed before any pretrial hearings.
2013 Texas Tech student charged with DWI after running his truck into a bank teller machine and knocking his tire off. Client looked good on the video, but officer said he failed field sobriety tests. Case reduced to reckless driving. DWI dismissed.
2013 Client charged with Unlawfully Carrying a Weapon and DWI with a 0.164 breath test. Client was driving large lifted truck and was leaving a local bar. Officer said he stopped the vehicle for not stopping in the proper place at a stop light. After filing a motion to suppress, the day before the suppression hearing, the DA dismissed the case because the officer had no legal reason to stop clients vehicle. Client also got his guns back.
2013 Lubbock business woman charged with DWI. Client pled guilty to Reckless Driving with no probation or jail time required. DWI dismissed.
2013 Man charged with Possession of a Controlled Substance in Gaines County. Officer pulled him over for speeding and client consented to search. After discussing with DA that this was likely an illegal search due to the fact that officer had no reason to keep him there, DA offered client a 6-month pretrial diversion. Case then dismissed.
2012 Lubbock woman charged with Possession of a Controlled Substance with Intent to Deliver in a Drug Free Zone in Lubbock County. Client was at her boyfriend's house when it was raided and charged for being merely present. Case dismissed before pretrial hearings.
2012 Lubbock Christian student charged with DWI and Unlawfully Carrying a Weapon (UCW) in Lubbock County. Client refused to do any field sobriety tests or answer any questions. Cases dismissed, and no driver's license suspension.
2012 Texas Tech student charged with DWI in Lubbock County after getting in an accident that was the client's fault. Client admitted drinking and having just left a bar. Case dismissed.
2012 Asked by another local lawyer two days before trial to assist in case where Client was arrested for DWI in Lubbock County. Client was stopped for defective license plate light. Officer put in his report that Client failed all field sobriety tests. Client then provided a breath test with a result over 0.12. After selecting the jury, giving opening statement, and beginning examination of police officer, State dismissed the case before beginning the second day of trial.
2012 Wolfforth business owner charged with DWI after officer stopped him for driving with a defective license plate light. Officer said client failed all field sobriety tests. Client also admitted to being drunk and told officer to take him to jail. Client then provided a breath test with results of 0.161 and 0.159. Jury found client "Not Guilty" in less than 30 minutes.
2012 Texas Tech student arrested for felony Tampering with a Government Document; and misdemeanor offenses of Evading Arrest, Resisting Arrest, and Criminal Mischief. District Attorney's Office refused to file the felony charge, instead reducing it to misdemeanor Possession of a Fake ID. All cases dismissed.
2012 Lamesa man charged with Evading Arrest in Dawson County, which was a felony because of client's prior conviction for Evading Arrest. Jury found client ?Not Guilty? in 25 minutes.
2012 Texas Tech student charged with DWI in Lubbock County after getting into an accident while leaving the Depot District. Officer claimed client then failed the field sobriety tests. Case dismissed the week before trial.
2012 Texas Tech graduate student charged with Unlawfully Carrying a Weapon (UCW) in Lubbock County after accidentally carrying a gun into the Lubbock International Airport. Case dismissed. Gun returned to client.
2012 Appealed trial court's refusal to suppress illegally obtained evidence that led to client's conviction for Possession of Marijuana. Amarillo Court of Appeals reversed conviction, holding trial judge should have suppressed evidence.
2012 Texas Tech student charged with DWI in Lubbock County after officer said client failed field sobriety tests and then provided a 0.14 breath test. At trial, after selecting a jury but before opening statements, prosecutor dismissed the DWI and allowed client to plead to Reckless Driving without any jail time, probation, or fine required.
2012 Lubbock business owner charged with DWI after officer pulled him over and said he failed field sobriety tests. DWI dismissed and case refiled as a Reckless Driving. No jail time or probation required.
2012 Texas Tech student arrested in Garza County for Possession of Marijuana. Case reduced to Class C misdemeanor and given deferred probation.
2012 Lubbock man charged with multiple counts of Terroristic Threat. Judge entered a judgment of acquittal on one count. Jury found client ?Not Guilty? on all other counts in less than 45 minutes.
2012 Lubbock man charged with 3 counts of Assault. Case dismissed.