39:4-81. Failure to Observe Traffic Signal 39:4-81 Traffic signals, observance; rule at nonoperational signals.
39:4-81. a. The driver of every vehicle, the motorman of every street car and every pedestrian shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer.
b.When, by reason of a power failure or other malfunction, a traffic control signal at an intersection is not illuminated, the driver of a vehicle or street car shall, with respect to that intersection, observe the requirement for a stop intersection, as provided in R.S.39:4-144.
Amended 1951, c.23, s.40; 2004, c.92.
I guess you'd have to argue the not "properly" illuminated