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Assistant District Attorney, Perry Duckles said, if Tia Gerstner pleads guilty to second degree vehicular manslaughter, the charges of drunk driving and driving under the influence of drugs will be dropped.

Duckles said Gerstner's sentence would include six months in the Monroe County Jail, five years shock probation and a waiver of appeal.

Joseph Mueller, 17, was killed after Gerstner lost control of her car while allegedly driving under the influence on Ling Road in Greece March 28.

Mueller was a passenger in Gerstner's car when it hit a house and flipped on its side.

The prosecution said Gerstner's blood alcohol level was 0.11 percent at the time of her arrest.

"This recommendation or offer if you want to call it that, wouldn't have come about without a certain measure of compassion on the part of the Mueller family. So, after meeting with them, after meeting with the court, we feel this is a fair resolution at this point in time, should they choose to accept it," said Duckles.

"I think the offer in this case clearly sends a message to my client who is facing going to jail as an 18-year-old. She has been in her own jail now for the last nine months, living with what happened that night. So, it's something certainly that she takes full responsibility for," Gerstner’s attorney Joseph Damelio said.

If her case goes to trial and she's convicted, Duckles said Gerstner faces a penalty ranging from probation to 2 1/3 to seven years in prison,

Gerstner is scheduled to be back in court Wednesday, December 23.